Menifee City Council
October 19, 2022

City of Menifee Staff Report
CIP 21-04 Fire Station No. 5 Utility Connections
October 19, 2022

FISCAL IMPACT
The current fiscal impact for this item is $82,180.08 and the item is currently budgeted within fiscal year 2022-23 in Fire Station No. 5 Capital Improvement Project account no. 521-4555-58102. No additional budget appropriation action is required.

ATTACHMENTS

1. Application for Service
Item Title: 10.10
Fire Station No. 5 Water and Sewer Service Connections
Menifee Mayor and City Council October 19, 2022

DATE: September 14, 2022
S.O.#’s: 265573, 268210, 268211
DISTRICT: aranaa
LP Page 1 of 3
Document ID: 4525710

EASTERN MUNICIPAL WATER DISTRICT

APPLICATION FOR SERVICE
PROJECT SEQ NUMBER: 4029079 PROJECT NUMBER: 36484 LOT NUMBER(S): 118 PPI#: WS20210000722

CUSTOMER INFORMATION
CUSTOMER/COMPANY NAME: CARLOS GERONIMO / CITY OF MENIFEE PHONE: 951-723-3722 EMAIL: [email protected] MAILING ADDRESS: 29844 HAUN RD MENIFEE CA 92586
PROJECT LOT INFORMATION:

ADDRESS / APN:

TENANT TYPE:

MENIFEE FIRE STATION NO. 5
29745 GOETZ RD. MENIFEE CA 92587/ 341-430-021

FIRE/POLICE STATION

EMWD WORK CONNECTION

LOCATION

DEV/CONTRACTOR WORK SERVICE ORDER

INSPECT, TEST

BACKFLOW
S/S GOETZ RD 962’
W/AUDIE MURPHY RD @
STA 57+13.75 PER D54827
CONTRACT EMWD APPROVED CONTRACTOR TO HOT TAP EX. 18" PVC WL. W/ 18"x12" TAPPING SLEEVE w/ 12" FxF R.S.G.V., INSTALL 59 LF OF 12" PVC C-900, DR-18 WATER w/ 10" DCDA PER (B-657)
268210
10” DCDA

INSPECT, INSTALL

1.5" MULTI-JET

METER, TEST

BACKFLOW
S/S GOETZ RD 957’
W/AUDIE MURPHY RD @
STA 57+08.75 PER D54827
IN CONJUNCTION WITH S.O. 268210, NSTALL 2" SERVICE PER (B-344A), INSTALL BACKFLOW DEVICE PER (B-597A)
265573

DOMESTIC

INSPECT, INSTALL
1” MULTI-JET

METER, TEST

BACKFLOW
S/S GOETZ RD 952’
W/AUDIE MURPHY RD @
STA 57+03.75 PER D54827
IN CONJUNCTION WITH S.O. 268210, NSTALL 1.5" SERVICE PER (B-591), INSTALL BACKFLOW DEVICE PER (B-597A)
268211

LANDSCAPE
INSPECT S/S OF EXISTING 30'
EMWD EASEMENT 109'

E/EXISTING MANHOLE
NO. 38
CONNECT TO EXISTING 4" PRIVATE SEWER LATERAL AND CLEANOUT 265573 4” PRIVATE
SEWER

WATER INFORMATION
WATER I.D./SA: U36 / 41
PIPE SIZE & LOCATION: REFER TO CONNECTION LOCATIONS
DOMESTIC RATE BOOK NO:

IRRIGATION RATE TBG:

DRAWING NO: SEE ABOVE ZONE:

SEWER INFORMATION
SEWER I.D./SA: U35 / 33
PIPE SIZE & LOCATION: REFER TO CONNECTION LOCATIONS
NO.OF UNITS: 3.28 EDUs RATE:

TBG: WATER COMPANY: EMWD
DRAWING NO: SEE ABOVE

FEE INFORMATION
FEE DESCRIPTION ASSESSED AMOUNT TOTAL*
1" MASTER MTR DROP-IN SO# 268211 377.00/EACH $377.00

1.5" MASTER MTR DROP-IN SO# 265573 487.00/EACH 487.00
SEWER FINANCIAL PARTICIPATION CHARGE SO# 265573 - 3.28 EDUs $3,208.00/EDU 10,522.24 SEWER SERV CONN INSP FIXED FEE SO# 265573 595.00/EACH 595.00 SEWER TREATMENT PLANT CAPACITY CHARGE SO# 265573 - 3.28 EDUs $6,081.00/EDU 19,945.68 WATER FINANCIAL PARTICIPATION CHARGE SO# 265573 - 5 EMSs $6,845.00/EMS 34,225.00 WATER FINANCIAL PARTICIPATION CHARGE-DOM LNDSCP SO# 268211 - 2 EMSs $6,214.00/EMS 12,428.00 WATER SERV CONN INSP FIXED FEE SO#’s 265572 (HOT TAP & S/C) SO#’s 268210, 268211 - 5 TOTAL $595.00/EACH 2,380.00 WATER SUPPLY DEVELOPMENT FEE FOR COMMERCIAL SEWER SO# 265573 @ 3.28 EDUs $372.00/EDU 1,220.16 Total $82,180.08
DISCLOSURE REGARDING FINANCIAL PARTICIPATION CHARGES SET FORTH HEREIN ABOVE:
*This Application shall become null and void if it has not been executed on behalf of Applicant and Eastern Municipal Water District (District), and Applicant has not fulfilled its financial arrangements as set forth herein above, concurrently with Applicant’s execution of this Application, on or before October 14, 2022.

Item Title: 10.10
Fire Station No. 5 Water and Sewer Service Connections
Menifee Mayor and City Council October 19, 2022

DATE: September 14, 2022
S.O.#’s: 265573, 268210, 268211
Customer’s Signature: DATE:

Print Name & Title:

District’s Signature: DATE:

ALICIA ARANA
LP Page 2 of 3

EASTERN MUNICIPAL WATER DISTRICT

APPLICATION FOR SERVICE
ALL STANDARD METER/SERVICE INSTALLATIONS BY DISTRICT FORCES:

District’s Standard Hydrant/Meter/Service installations fees are based on labor, equipment, and material for a standard installation. The fees do not take into consideration any non-standard conditions such as traffic control, asphalt, hard soil or conditions set forth by county or City Agencies. Any non-standard conditions may require additional payment to proceed with installation(s). Applicant will be advised of such conditions and additional funds required to proceed. Applicant has the right to cancel request upon receipt of such notification.

Pressure and Supply: District assumes no responsibility for loss or damage because of lack of water or pressure and merely agrees to furnish such quantities and pressures as are available in its general distribution system. The service is subject to shutdowns and variations required by the operation of the system. It is each customer’s responsibility to install a pressure regulation device when normal or high pressure exists at their point of connection to safeguard the customer’s water system from being affected by existing or future variations in the main line pressure. Where low pressure exists at the customer’s point of connection, customer shall be responsible to install a pressure regulation device at such time when District makes modifications to distribution system where pressure converts from Low to Normal or High.

Where a remote temporary water service installation is installed, customer shall be responsible at the time of future relocation to install a pressure regulation device, if at such time Normal or High pressure exists at new point of connection.

Customer
Initials
ALL SERVICE CONNECTIONS (ITEMS MAY OR MAY NOT APPLY):

BACKFLOW PROTECTION:

If required below, a District Approved Reduced Pressure Backflow Prevention Assembly is to be installed by the customer; tested and inspected by District. **TEST FEE TO BE APPLIED TO THE FIRST WATER BILLING ** PLEASE DIRECT BACKFLOW QUESTIONS TO DISTRICT’S BACKFLOW DIVISION: (951) 928-3777 ext. 4938.

BACKFLOW REQUIREMENT POTENTIAL HAZARD
Not Required N/A
Required
Well Onsite Tank Commercial Use/Landscape Use Addition Meter(s): all meters (existing and new) will be required to have a backflow installed Other:

INSPECTION: District to inspect water and/or sewer connection. Customer to contact Inspection Department 48 hours in advance at (951) 928-3777 ext. 4372.

PRE-JOB MEETING: Customer to contact Field Engineering at (951) 928-3777 ext. 4830 to schedule pre-job meeting before any work by customer’s contractor.

SPECIAL AREA: Property is in Special Area CANYON COVE RESERVIOR – SPECIAL AREA SURCHARGE APPLIES ONLY TO SUBDIVISION TRACT LOTS NOT APPLICABLE TO THIS PROJECT - A.A.

SEWER SERVICE AGREEMENT: Sewer Service is subject to the District’s Federal EPA, State and Local regulations.

SEWER BACKWATER VALVE: Section 710.1 of the Uniform Plumbing Code states that “….Fixtures which have flood level rims located below the elevation of the next upstream manhole cover….shall be protected…by installing an approved type backwater valve.” If property meets this requirement customer is required to install, own, operate, and maintain, at customer’s expense, an approved backwater valve and agrees to hold District harmless from or on account of any damages arising from the failure of customer’s backwater valve. Customer agrees to notify District should the device overflow.

LANDSCAPE AGREEMENT: See Attached Conditions Recycled Potable – NON-CANDIDACY LETTER DATED 3/31/22
.

Item Title: 10.10
Fire Station No. 5 Water and Sewer Service Connections
Menifee Mayor and City Council October 19, 2022

DATE: September 14, 2022
S.O.#’s: 265573, 268210, 268211
Customer’s Signature: DATE:

Print Name & Title:

District’s Signature: DATE:

ALICIA ARANA
LP Page 3 of 3

EASTERN MUNICIPAL WATER DISTRICT

APPLICATION FOR SERVICE

SUBMITTAL ITEMS BY CUSTOMER REQUIRED PRIOR TO OR AT TIME OF PAYMENT WITH THIS EXECUTED APPLICATION (ITEMS MAY OR MAY NOT APPLY):

ANNEXATION – N/A PER TRAVIS HAVENS
INSURANCE CERTIFICATE: District insurance requirements per Exhibit L, as amended, must be satisfied prior to submitting Application and Application Fees.

NOTARIZED Hold Harmless Agreement(s) for: Water Sewer – N/A SINGLE BUILDING Comments: MENIFEE FIRE STATION NO. 5
NEW CONSTRUCTION OF 9,037 SF FIRE STATION THAT HOUSES 8 EMPLOYEES.

SEWER EDUs CALCULATED AS FOLLOWS:
8 EMPLOYEES @ .41/EMPLOYEE = 3.28 EDUs
TOTAL EDUs = 3.28 EDUs
NOT A RECYCLED WATER USE SITE - WATER SUPPLY DEVELOPMENT FEES APPLIED.

ANY FUTURE IMPROVEMENTS AND/OR CHANGE IN TENANT TYPE AFTER OCCUPANCY WILL NEED TO BE REVIEWED BY EMWD.

LANDSCAPE PLANS ACCEPTED BY CONSERVATION DEPARTMENT 9/13/22.

EMWD CLEARANCE TO BE ISSUED ONCE ALL FEES ARE PAID, SOURCE CONTROL REQUIREMENTS HAVE BEEN SATISFIED, AND ALL CONNECTIONS ARE RELEASED BY EMWD INSPECTIONS DEPARTMENT.

Applicant understands that prior to construction, applicant must verify the existence and location(s) of water service line(s)/sewer lateral(s).

Applicant hereby agrees to hold the District harmless from or on account of any damages arising in cases where the water service line(s)/sewer lateral(s) cannot be located. If water service line(s)/sewer lateral(s) represented on District’s maps cannot be located, applicant must make arrangements to construct new water service line(s)/sewer lateral(s).

Applicant reflected on this application assumes responsibility for, and guarantee payment of, all water bills incurred at the above address until applicant has given official notice to District’s Customer Service Department to discontinue service. Applicant understands that as soon as service is installed, payment on the service must begin. Applicant agrees to comply with all rules, regulations, procedures, and ordinances related to District water and sewer service, as established by District’s Administrative Code. Any requests to establish service in the name/company which differs from Applicant, should be referred to District’s Customer Service Department at 951-928-3777 Ext. 2051.

Applicant understands it is their responsibility to ensure that the requested water service lateral and meter size will provide sufficient flow and pressure to meet the needs of the property. Applicant is encouraged to seek the advice of a trained professional to ensure that the water service lateral and meter size is appropriate for the particular needs of the property. Applicant understands it is their responsibility to comply with Fire Marshall and/or Jurisdictional Agency requirements.

Item Title: 10.10
Fire Station No. 5 Water and Sewer Service Connections
Menifee Mayor and City Council October 19, 2022

CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I-215 Overcrossing
MEETING DATE: October 19, 2022
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Award bid and authorize the City Manager to execute an owner-contractor agreement with Riverside Construction Company, Inc. to perform construction services for the Holland Road/ I-215 Overcrossing, Capital Improvement Project No. CIP 13-03, in the amount of $25,848,403.85; and

2. Authorize the City Manager to execute Amendment No. 2 to the Transportation Uniform Mitigation Fee Program Agreement for the Holland Road/I-215 Overpass No. 18-CN-MEN1181; and

3. Adopt the budget adjustment resolutions carrying forward CIP 13-03 Holland Road Overpass project budget from fiscal year 2021/2022 into the fiscal year 2022/2023 budget in the amount of $24,752,158.78 and appropriating $2,000,000 into the TUMF fund (Fund 310).

DISCUSSION
The Holland Road / I-215 Overcrossing Project (“Project”) proposes to construct a four-lane bridge and road over the Interstate 215 from Haun Road to Hanover Lane connecting the city’s east and west sides. The Project would also construct mechanically stabilized earth (MSE) retaining walls on the east side due to right-of-way restrictions, drainage improvements, traffic signals at Haun Road and at Hanover Lane, irrigation, and landscaping.

The proposed bridge would have aesthetics and architectural features similar to the recently completed Newport Road and Scott Road bridges. In addition, due to the rapid changes in vertical grades to meet the elevations at the bridge, the existing properties located south of Holland Road and west of the I-215 would no longer have a direct access to Holland Road as they do today. To Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 1
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
CIP 13-03 Holland Road Overpass Award
October 19, 2022

mitigate this issue, the Project proposes to construct a new public road that ends at a cul-de-sac.

This road would serve as the new access to these existing properties and businesses.

The Project also proposes the relocation of major utility line lines that are in direct conflict with the project. The City has been coordinating with Southern California Edison, Eastern Municipal Water District (EMWD), the SoCal Gas Company, and multiple telecommunications companies to relocate, remove, or abandon their facilities. Some relocation efforts are independent of the Project and would be completed before construction begins. Other relocations would be coordinated and incorporated into the construction master schedule as the relocations would be within the new roadway and structures of the Project.

The Project ultimately aims to reduce the heavy traffic experienced at the Newport Road Interchange which currently operates above its designed capacity. Motorists would have a new east to west connection that avoids the interchange and connects the commercial and residential areas found on both sides of the I-215. In addition, the Project would serve as a new multi-modal access over the I-215, making it easier for pedestrians and bicyclists to cross the freeway and thus meeting the Active Transportation Program goals of the City.

Being that this is the first project in Caltrans right-of-way that the City would advertise, award, and administer with its own forces, staff administered a two-step competitive bid process to pre-qualify general contractors prior to conducting a formal bid process for the construction of this project.

This was done to ensure any proposed contractor has experience working on similar size projects, is financially stable, and has the resources (staff and equipment) needed to complete the Project on time and budget.

Staff advertised a Responsibility Statement and Questionnaire (RSQ) on February 15, 2022, and received ten responses from firms interested in pre-qualifying for this project. Staff Initiated a thorough review of the qualifications of each of the responding contractors and recommended the following contractors as meeting all the pre-qualification requirements:
• Griffith Company
• Guy F. Atkinson Construction, LLC
• MCM Construction, Inc.
• Myers & Sons Construction, LLC
• Ohla Usa, Inc.
• Ortiz Enterprises, Inc.
• Riverside Construction Company, Inc.
• Sema Construction, Inc.
• Skanska Usa Civil West California District, Inc.
• Steve P. Rados, Inc.

These contractors were notified of their pre-qualified status and included in the final bidders list.

On August 30, 2022, the Project was legally advertised for construction in accordance with the California Public Contract Code. An electronic bid opening was held on September 29, 2022, and a total of six bids were received as summarized in Table 1 on the following page.

Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 2
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
CIP 13-03 Holland Road Overpass Award
October 19, 2022

Table 1- Bid Result Summary
Firm Name Total Bid
Amount
Lowest Responsible
Bidder
Engineer’s Estimate $24,500,000.00
Riverside Construction Company, Inc. $25,848,403.85 X
MCM Construction, Inc. $26,301,550.50
Guy F. Atkinson Construction, LLC $28,015,182.00
SEMA Construction, Inc. $28,280,457.02
Ortiz Enterprises, Inc. $29,297,351.52
Steve P. Rados, Inc. $30,990,557.60
Staff reviewed the lowest bidder at the time of the bid opening and determined that Riverside Construction Company, Inc., met the requirements for recommendation as the lowest responsive and responsible bidder.

With the most recent adopted Fiscal Year (FY) 2022/2023 budget, the total available budget for construction is $25,647,108.78 as shown in Table 2 in the Fiscal Impact section of this report. An additional $2 million in Transportation Uniform Mitigation Fee (TUMF) funding has been recently secured. Staff has worked with Western Riverside Council of Governments (WRCOG) over the past year to obtain an additional $2,000,000 of funds into the 2022 WRCOG TUMF program, bringing the total TUMF program contribution to $10,255,000 for this project. The additional funds have been approved by WRCOG’s Technical Advisory Committee (TAC) and are expected to be approved by WRCOG’s Executive Committee prior to October 19, 2022. Execution of the attached TUMF Reimbursement Agreement Amendment No. 2 would update the total reimbursement for this project to incorporate the $2 million recently approved.

The anticipated construction cost for this project is $27,647,109. With the City Council acceptance of the additional $2 million in TUMF funds, the available budget would cover anticipated construction costs.

If approved by the City Council, the tentative project schedule would be as follows:

Construction Start: December 2022
Construction End: March 2024
City Council Acceptance June 2024
*The timeline above assumes no delays due to weather or unforeseen conditions.

Environmental Impact
The Project is subject to the mitigation measures established per the Holland Road/I-215 Overcrossing Initial Study with Mitigated Negative Declaration Report (SCH No. 2016041073).

The City approved this project Initial Study/Mitigated Negative Declaration (IS/MND) on August 3, 2016, and has made the following determinations regarding this project:

1. The proposed project will not have a significant effect on the environment.

2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA

3. Mitigation measures were made a condition of the approval of the project.

4. A Mitigation Reporting or Monitoring Plan was adopted for this project.

Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 3
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
CIP 13-03 Holland Road Overpass Award
October 19, 2022

5. A Statement of Overriding Considerations was not adopted for the project.

6. Findings were not made pursuant to the provisions of CEQA.

A Notice of Determination was filed with the County of Riverside and recorded on August 16, 2016, for this project.

The Project also proposes to re-align the Old Paloma Wash channel, which is listed as a “blue line stream” or a “water of the US” channel and is managed by the Army Corps of Engineers (ACOE), the California Department of Fish and Wildlife (CADFW), and the California Regional Water Quality Control Board (RWQCB). Due to the realignment of the Old Paloma Wash, the City applied, obtained, and is in the process of finalizing, the necessary environmental permits from each of the jurisdictional agencies named above. To date, the outstanding permits remaining are from the ACOE and RWQCB, which are expected to be received by November of 2022. The Project construction cannot begin without approval and receipt of all permits.

STRATEGIC PLAN OBJECTIVE
Accessible and Interconnected Community

FISCAL IMPACT
The available existing funding for this Project is $27,647,108.78 as summarized in Table 2 below.

Table 2- Existing Project Funding
Fund Project Account
Number
Available
Budget
Requested
Amount
General Fund Holland Rd
Overpass
100-4555-58021 $2,800,000.00 $2,800,000.00
Quality of Life Holland Rd
Overpass
105-4555-58021 $3,655,414.25 $3,655,414.25
Quality of Life -
Reserves
Holland Rd
Overpass
105-4571 $671,614.00 $671,614.00
TUMF*
Holland Rd
Overpass
310-4555-58021 $10,255,000.00 $10,255,000.00
Capital
Projects**
Holland Rd
Overpass
320-4555-58021 $1,375,868.96 $1,375,868.96**
Menifee Valley
RBBD
Holland Rd
Overpass
415-4555-58021 $3,682,091.57 $3,682,091.57
DIF 17 - Roads Holland Rd
Overpass
509-4555-58021 $2,755,744.00 $2,755,744.00
DIF 17 - Signals Holland Rd
Overpass
510-4555-58021 $241,797.00 $241,797.00
DIF Citywide -
Circulation
Holland Rd
Overpass
526-4555-58021 $1,723,638.00 $1,723,638.00
Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 4
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
CIP 13-03 Holland Road Overpass Award
October 19, 2022

DIF Citywide –
Storm Drain
Holland Rd
Overpass
527-4555-58021 $485,941.00 $485,941.00
Total $27,647,108.78 $27,647,108.78
*Includes $2 million TUMF funding secured with execution of Amendment No. 2 to the existing reimbursement agreement.
** Excludes $815,000 of Capital Project Funds allocated towards the Holland Road Water, Recycled Water, and Sewer Utilities Project presented for award as separate staff report and action item on October 19, 2022, Council Meeting.
*** Includes $223,600 appropriated as part of FY22/23 budget adoption. FY21/22 carryover budget is $1,152,532.96.

Approval of the various budget amendment resolutions (BARs) would formally carry forward existing Project budget from fiscal year 2021/2022 into fiscal year 2022/2023, as well as appropriate the additional $2 million of TUMF funding secured with the execution of Amendment No. 2 to the existing reimbursement agreement.

ATTACHMENTS

1. Project Location Map

2. Fund 100 Budget Amendment Resolution

3. Fund 105 Budget Amendment Resolution

4. Fund 310 Budget Amendment Resolution

5. Fund 320 Budget Amendment Resolution

6. Fund 415 Budget Amendment Resolution

7. Fund 509 Budget Amendment Resolution

8. Fund 526 Budget Amendment Resolution

9. Fund 510 Budget Amendment Resolution

10. Fund 527 Budget Amendment Resolution

11. Agreement – Riverside Construction Co.

12. TUMF Reimbursement Agreement Amendment No. 2

13. TUMF Reimbursement Agreement Amendment No. 1

14. Original TUMF Reimbursement Agreement
Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 5
Menifee Mayor and City Council October 19, 2022

215
Ajilwood Ct
Willowood Way
Blossomwood Ct
Fruitwood Dr
Antelope Rd
Sunwood Pl
Aspenwood Way
Hanover Ln
Green Fores t
D
r
Albion Ln
Larchwood St
Ha
u
n
Rd
Copyright nearmap 2015
215
Haun Rd
Holland Rd
La Piedra Rd
Menifee
Rd
Antelope Rd
Bradley Rd
Newport Rd
Project Site
0 0.06 0.12
MilesË
Path: E:\Standard_Maps\Engineering_PW\Holland_Overpass_Location_Map\Holland_Overpass_Location_Map.aprx Date: 10/18/2021 Holland Rd & I-215 Overpass / Interchange (CIP 13-03)
Project Location Map
Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 6
Menifee Mayor and City Council October 19, 2022

RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with Resolution No. 22-1157 on June 1st, 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

General Fund Adopted FY 2022/23 Revenue Budget: $67,933,273

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:

Amended General Fund FY 2022/23 Revenue Budget: $67,933,273 General Fund Adopted FY 2022/23 Expenditure Budget: $67,933,273

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022
FY21/22 Budget Carry-over
(Reprogrammed) Fire Station
#68 Improvements
100-4555-58101 $97,675
September 21, 2022
FY21/22 Budget Carry-over – PMP
23-02 Leon Road Micro-Surfacing
Project
100-4555-58158 60,000
October 19, 2022
CIP 13-03: Holland Road/I-215
Overcrossing (FY21/22 Budget
Carry-Over/Assigned Reserves)
100-4555-58021 2,800,000
TOTAL: $2,957,675
Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 7
Menifee Mayor and City Council October 19, 2022

Amending the Fiscal Year 2022/23 General Fund Budget
FY21/22 Carry-Over- Holland Road/I-215 Overpass
Amended General Fund FY 2022/23 Expenditure Budget: $70,890,948

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: 0

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the General Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Expenditures:

PASSED, APPROVED AND ADOPTED this 19th day of October 2022.

Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:

Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney 2 Amended General Fund FY 2022/23 Budget: $67,933,273
CIP 13-03: Holland Road/I-215 Overcrossing (FY21/22 Budget Carry-Over/Assigned Reserves)
$2,800,000
Amended General Fund FY 2022/23 Budget: $70,890,948
Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 8
Menifee Mayor and City Council October 19, 2022

RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with Resolution No. 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

Quality of Life Fund 105 Adopted FY 2022/23 Revenue Budget: $18,126,000

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:

Amended Quality of Life Fund 105 FY 2022/23 Revenue Budget: $18,126,000 Quality of Life Fund 105 Adopted FY 2022/23 Expenditure Budget: $18,126,000

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 19, 2022
CIP 13-03: Holland Road/I-215
Overcrossing (FY21/22 Budget CarryOver/Assigned Reserves)105-4555-58021 $4,327,028.25 TOTAL: $4,327,028.25
Amended Quality of Life Fund 105 FY 2022/23 Expenditure Budget: $22,453,028.25

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 9
Menifee Mayor and City Council October 19, 2022

Amending the Fiscal Year 2022/23 Quality of Life (Measure DD) FY21/22 Carry-Over- Holland Road/I-215 Overpass
2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the Quality of Life (Measure DD) Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Amended Quality of Life Fund 105 FY 2022/23 Budget: $18,126,000

Expenditures:

CIP 13-03: Holland Road/I-215 Overcrossing (FY21/22
Budget Carry-Over/Assigned Reserves) $4,327,028.25
Amended Quality of Life Fund 105 FY 2022/23 Budget: $22,453,028.25 PASSED, APPROVED AND ADOPTED this 19th day of October 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 10
Menifee Mayor and City Council October 19, 2022

RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with Resolution No. 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

TUMF Fund 310 Adopted FY 2022/23 Revenue Budget: $0

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 19, 2022
CIP 13-03: Holland Road/I-215
Overcrossing (FY21/22 Budget CarryOver)310-3355

$8,255,000
October 19, 2022 CIP 13-03: Holland Road/I-215
Overcrossing (Amendment No. 2) 310-3355 2,000,000
TOTAL: $10,255,000
Amended TUMF Fund 310 FY 2022/23 Revenue Budget: $10,255,000 TUMF Fund 310 Adopted FY 2022/23 Expenditure Budget: $0

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 19, 2022
CIP 13-03: Holland Road/I-215
Overcrossing (FY21/22 Budget CarryOver)310-4555-58021

$8,255,000
October 19, 2022 CIP 13-03: Holland Road/I-215
Overcrossing (Amendment No. 2) 310-4555-58021 2,000,000 TOTAL: $10,255,000
Amended TUMF Fund 310 FY 2022/23 Expenditure Budget: $10,255,000

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 11
Menifee Mayor and City Council October 19, 2022

Amending the Fiscal Year 2022/23 TUMF Fund 301
FY21/22 Carry-Over- Holland Road/I-215 Overpass
2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the TUMF Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

CIP 13-03: Holland Road/I-215 Overcrossing (FY21/22
Budget Carry-Over)
$8,255,000
CIP 13-03: Holland Road/I-215 Overcrossing
(Amendment No. 2) 2,000,000
Amended TUMF Fund 310 FY 2022/23 Budget: $10,255,000

Expenditures:

CIP 13-03: Holland Road/I-215 Overcrossing (FY21/22
Budget Carry-Over)
$8,255,000
CIP 13-03: Holland Road/I-215 Overcrossing
(Amendment No. 2) 2,000,000
Amended TUMF Fund 310 FY 2022/23 Budget: $10,255,000
PASSED, APPROVED AND ADOPTED this 19th day of October 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 12
Menifee Mayor and City Council October 19, 2022

RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with Resolution No. 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

Capital Projects Fund 320 Adopted FY 2022/23 Revenue Budget: $2,484,099

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:

Amended Capital Projects Fund 320 FY 2022/23 Revenue Budget: $2,484,099 Capital Projects Fund Adopted FY 2022/23 Expenditure Budget: $2,474,099

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 19, 2022 Holland Road Water, Recycled Water, and Sewer Utilities Project 320-4555-58021 $315,000
October 19, 2022 CIP 13-03: Holland Road/I-215 Overcrossing (FY21/22 Budget Carry-Over) 320-4555-58021 1,152,532.96 TOTAL: $1,467,532.96
Amended Capital Projects Fund 320 FY 2022/23 Expenditure Budget: $3,941,631.96

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 13
Menifee Mayor and City Council October 19, 2022

Amending the Fiscal Year 2022/23 Capital Project Fund 320 Budget CIP 13-03: Holland Road/I-215 Overcrossing
2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the Capital Projects Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Amended Capital Projects Fund 320 FY 2022/23 Budget: $2,484,099

Expenditures:

CIP 13-03: Holland Road/I-215 Overcrossing (FY21/22 Budget Carry-Over) $1,152,532.96
Amended Capital Projects Fund 320 FY 2022/23 Budget: $3,941,631.96 PASSED, APPROVED AND ADOPTED this 19th day of October 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 14
Menifee Mayor and City Council October 19, 2022

RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with Resolution No. 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

Menifee RBBD Fund 415 Adopted FY 2022/23 Revenue Budget: $1,020,000

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:

Amended Menifee RBBD Fund 415 FY 2022/23 Revenue Budget: $1,020,000 Menifee RBBD 415 Adopted FY 2022/23 Expenditure Budget: $2,800,000

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 19, 2022
CIP 13-03: Holland Road/I-215
Overcrossing (FY21/22 Budget CarryOver)415-4555-58021

$3,682,091.57
TOTAL: $3,682,091.57
Amended Menifee RBBD Fund 415 FY 2022/23 Expenditure Budget: $6,482,091.57

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 15
Menifee Mayor and City Council October 19, 2022

Amending the Fiscal Year 2022/23 Menifee Valley RBBD Fund 415 FY21/22 Carry-Over- Holland Road/I-215 Overpass
2 The annual budget for the Menifee Valley RBBD Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Amended Menifee Valley RBBD Fund 415 FY 2022/23 Budget: $1,020,000

Expenditures:

CIP 13-03: Holland Road/I-215 Overcrossing (FY21/22
Budget Carry-Over)
$3,682,091.57
Amended Menifee Valley RBBD Fund 415 FY 2022/23 Budget: $6,482,091.57 PASSED, APPROVED AND ADOPTED this 19th day of October 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 16
Menifee Mayor and City Council October 19, 2022

RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with Resolution No. 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

DIF 17 Roads Fund 509 Adopted FY 2022/23 Revenue Budget: $7,500

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:

Amended DIF 17 Roads Fund 509 FY 2022/23 Revenue Budget: $7,500 DIF 17 Roads Fund 509 Adopted FY 2022/23 Expenditure Budget: $132,121

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 19, 2022
CIP 13-03: Holland Road/I-215
Overcrossing (FY21/22 Budget CarryOver)509-4555-58021

$2,755,744
TOTAL: $2,755,744
Amended DIF 17 Roads Fund 509 FY 2022/23 Expenditure Budget: $2,887,865

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 17
Menifee Mayor and City Council October 19, 2022

Amending the Fiscal Year 2022/23 DIF 17 Roads Fund 509
FY21/22 Carry-Over- Holland Road/I-215 Overpass
2 The annual budget for the DIF 17 Roads Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Amended DIF 17 Roads Fund 509 FY 2022/23 Budget: $7,500

Expenditures:

CIP 13-03: Holland Road/I-215 Overcrossing (FY21/22
Budget Carry-Over)
$2,755,744
Amended DIF 17 Roads Fund 509 FY 2022/23 Budget: $2,887,865 PASSED, APPROVED AND ADOPTED this 19th day of October 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 18
Menifee Mayor and City Council October 19, 2022

RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with Resolution No. 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

DIF Circulation Fund 526 Adopted FY 2022/23 Revenue Budget $3,020,000

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:

Amended DIF Circulation Fund 526 FY 2022/23 Revenue Budget: $3,020,000 DIF Circulation Fund 526 Adopted FY 2022/23 Expenditure Budget: $3,822,500

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 19, 2022
CIP 13-03: Holland Road/I-215
Overcrossing (FY21/22 Budget CarryOver)526-4555-58021 $1,723,638 TOTAL: $1,723,638
Amended DIF Circulation Fund 526 FY 2022/23 Expenditure Budget: $5,546,138

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 19
Menifee Mayor and City Council October 19, 2022

Amending the Fiscal Year 2022/23 DIF Citywide Circulation Signals Fund 526 FY21/22 Carry-Over- Holland Road/I-215 Overpass
2 The annual budget for the DIF Citywide Circulation Fund 526 for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Amended DIF Circulation Fund 526 FY 2022/23 Budget: $3,020,000

Expenditures:

CIP 13-03: Holland Road/I-215 Overcrossing (FY21/22
Budget Carry-Over)
$1,723,638
Amended DIF Circulation Fund 526 FY 2022/23 Budget: $5,546,138 PASSED, APPROVED AND ADOPTED this 19th day of October 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 20
Menifee Mayor and City Council October 19, 2022

RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with Resolution No. 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

DIF 17 Signals Fund 510 Adopted FY 2022/23 Revenue Budget: $50

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:

Amended DIF 17 Signals Fund 510 FY 2022/23 Revenue Budget: $50 DIF 17 Signals Fund 510 Adopted FY 2022/23 Expenditure Budget: $0

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 19, 2022
CIP 13-03: Holland Road/I-215
Overcrossing (FY21/22 Budget CarryOver)510-4555-58021 $241,797 TOTAL: $241,797
Amended DIF 17 Signals Fund 510 FY 2022/23 Expenditure Budget: $241,797

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 21
Menifee Mayor and City Council October 19, 2022

Amending the Fiscal Year 2022/23 DIF 17 Signals Fund 510 FY21/22 Carry-Over- Holland Road/I-215 Overpass
2 The annual budget for the DIF 17 Signals Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Amended DIF 17 Signals Fund 510 FY 2022/23 Budget: $50

Expenditures:

CIP 13-03: Holland Road/I-215 Overcrossing (FY21/22
Budget Carry-Over)
$241,797
Amended DIF 17 Signals Fund 510 FY 2022/23 Budget: $241,797 PASSED, APPROVED AND ADOPTED this 19th day of October 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 22
Menifee Mayor and City Council October 19, 2022

RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with Resolution No. 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

DIF Storm Drain Facilities Fund 527 Adopted FY 2022/23 Revenue Budget $202,500

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:

Amended DIF Storm Drain Facilities Fund 527 FY 2022/23 Revenue Budget: $202,500 DIF Storm Drain Facilities Fund 527 Adopted FY 2022/23 Expenditure Budget:
$600,000

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 19, 2022
CIP 13-03: Holland Road/I-215
Overcrossing (FY21/22 Budget CarryOver)527-4555-58021 $485,941 TOTAL: $485,941
Amended DIF Storm Drain Facilities Fund 527 FY 2022/23 Expenditure Budget: $1,085,941

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 23
Menifee Mayor and City Council October 19, 2022

Amending the Fiscal Year 2022/23 DIF Citywide Storm Drain Facilities Fund 527 FY21/22 Carry-Over- Holland Road/I-215 Overpass
2 The annual budget for the DIF Citywide Storm Drain Facilities Fund 527 for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Amended DIF Storm Drain Facilities Fund 527 FY 2022/23 Budget: $202,500

Expenditures:

CIP 13-03: Holland Road/I-215 Overcrossing (FY21/22
Budget Carry-Over)
$485,941
Amended DIF Storm Drain Facilities Fund 527 FY 2022/23 Budget: $1,085,941 PASSED, APPROVED AND ADOPTED this 19th day of October 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 24
Menifee Mayor and City Council October 19, 2022

290/031858-0008
7645681.2 a00/00/00 Page 1

CITY OF MENIFEE BID AND CONTRACT DOCUMENTS

OWNER-CONTRACTOR AGREEMENT
CIP 13-03 HOLLAND ROAD/I-215 INTERCHANGE OVERCROSSING
This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and RIVERSIDE CONSTRUCTION COMPANY, INC (“Contractor”), whose principal business address is 4225 GARNER ROAD, RIVERSIDE, CA 92501 on the ________ day of ______________, 20_______.

In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good worker-like and substantial manner and to the satisfaction of the Agency, in connection with the CIP 13-03 HOLLAND ROAD/I215 INTERCHANGE OVERCROSSING to be constructed at the Holland Road in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s consent has not been issued shall be null and void.

2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE
Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents.

The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed.

Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 25
Menifee Mayor and City Council October 19, 2022

290/031858-0008
7645681.2 a00/00/00 Page 2

4. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.

5. COVID-19 SAFETY
If Contractor or subcontractor(s) enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

6. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.]

7. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person’s compensation, terms, conditions or privileges of employment because of such person’s race, religious status, sex or age.

8. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.

9. WORKERS’ COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 26
Menifee Mayor and City Council October 19, 2022

290/031858-0008
7645681.2 a00/00/00 Page 3
provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”

10. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

11. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested.

12. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services.

13. LICENSES AND PERMITS
Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.

14. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch

15. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

16. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties Item Title: 10.11
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where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 15, above:
(Initial) (Initial)

17. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

AGENCY:

City of Menifee
By:

Armando G. Villa, City Manager
CONTRACTOR:

By:

Name: Donald M. Pim, President______
Its:

APPROVED AS TO FORM:

By:

Jeffrey T. Melching, City Attorney
By:

Name: Richard G. Lounsbury, Executive
Vice President
Its:

ATTEST:

By:

Stephanie Roseen, Acting City Clerk
Contractor’s City Business License No.

State Contractor License No. & Class
4225 GARNER ROAD
Street Address
Item Title: 10.11
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RIVERSIDE, CA 92501
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]
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EXHIBIT A

CONTRACT DOCUMENTS
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards Item Title: 10.11
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EXHIBIT B

CONTRACT PRICE
Twenty Five Million Eight Hundred Forty Eight Thousand Four Hundred Three Dollars and Eighty Five Cents ($25,848,403.85)
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.

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Item Title: 10.11
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Item Title: 10.11
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Item Title: 10.11
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Item Title: 10.11
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Item Title: 10.11
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Item Title: 10.11
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Item Title: 10.11
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Item Title: 10.11
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Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 40
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Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 41
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Item Title: 10.11
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Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 43
Menifee Mayor and City Council October 19, 2022

18-CN-MEN-1181
AMENDMENT NO. _2 TO TRANSPORTATION UNIFORM MITIGATION FEE

PROGRAM AGREEMENT
HOLLAND ROAD / I-215 OVERPASS
This Amendment No. 2 to Transportation Uniform Mitigation Fee Program Agreement (“Amendment No. 2”) is entered into this ______ day of _______________, 2022_, by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”) and The City of Menifee (“AGENCY”). WRCOG and the AGENCY are sometimes referred to individually as “Party” and collectively as “Parties.”

RECITALS
A. WRCOG and AGENCY have entered into an agreement numbered 18-CN-MEN1181 titled “Transportation Uniform Mitigation Fee Program Agreement” that is dated 3/30/2020 (“Agreement”) and Amendment 1 that is dated 11/17/2021. The Agreement and Amendment 1 provide the terms and conditions, scope of work, schedule and funding amount for the CON (construction) Phase of the Holland Road / I-215 Overpass (hereinafter the “Project”).

B. The Parties desire to amend the Agreement and Amendment 1 by increasing the original construction funding amount pursuant to Sections 6 and 33 of the Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:

1. The Funding Amount contained in Section 2 of the Agreement and additional Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 44
Menifee Mayor and City Council October 19, 2022

18-CN-MEN-1181
funding amount in Amendment 1 is hereby increased by Two Million Dollars (2,000,000) for the construction phase of the project which includes the Holland Road segment from Antelope Road to Haun Road, for a total of Ten Million Two Hundred Fifty-Five Thousand Dollars ($10,255,000).

2. The Funding Amount is within the Maximum TUMF Share.

3. The change in scope for this project is amended to include acquisition of needed right-of-way.

4. Exhibits “A-1” and “A-2” of the Agreement are hereby replaced in their entirety by Exhibits “A-1” and “A-2” of this Amendment No. __2_ , which are attached hereto and incorporated by reference.

5. The above-stated Recitals are hereby fully incorporated into this Amendment No. _2_ .

6. Except to the extent specifically modified or amended hereunder, all of the terms, covenants and conditions of the Agreement shall remain in full force and effect between the Parties hereto.

IN WITNESS WHEREOF, the Parties have caused this Amendment No. _2_ to be executed by their duly authorized representatives to be effective on the day and year first written above.

Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 45
Menifee Mayor and City Council October 19, 2022

18-CN-MEN-1181

WESTERN RIVERSIDE COUNCIL CITY OF MENIFEE

OF GOVERNMENTS
By: ______________________________ By: ______________________________ Dr Kurt Wilson, Armando Villa, City Manager
Executive Director
Approved to Form: Approved to Form:

By: ______________________________ By: ______________________________ Steven C. DeBaun Jeffrey T. Melching, City Attorney
General Counsel
Attest:

By: ______________________________
Sarah Manwaring, City Clerk
Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 46
Menifee Mayor and City Council October 19, 2022

18-CN-MEN-1181
Exhibit A

SCOPE OF SERVICES

1. SCOPE OF WORK: The Scope of Work as contained in the original agreement shall remain intact. The amounts included in table A-1 and A-2 are being increased as follows:

Item Title: 10.11
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Menifee Mayor and City Council October 19, 2022

18-CN-MEN-1181
EXHIBIT “A-1”

ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED $ 800,000 $ 800,000
PS&E $ 1,538,190 $ 1,538,190
RIGHT OF WAY $3,110,000 $ 3,110,000
CONSTRUCTION $10,255,000 $15,517,421 $25,772,421
TOTAL $10,255,000 $20,965,611 $31,220,611
Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 48
Menifee Mayor and City Council October 19, 2022

18-CN-MEN-1181
EXHIBIT “A-2”

PROJECT SCHEDULE
TIMETABLE:
20323.00004\7854268.2
Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED October 2020 $ 800,000 Completed
PS&E February 2022 $ 1,538,190 In Process
RIGHT OF WAY October 2021 $ 3,110,000 In Process
CONSTRUCTION August 2022 $25,772,421
TOTAL $31,220,611
Item Title: 10.11
Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 49
Menifee Mayor and City Council October 19, 2022

18-CN-MEN-1181
AMENDMENT NO. 1 TO TRANSPORTATION UNIFORM MITIGATION FEE

PROGRAM AGREEMENT
HOLLAND ROAD/ 1-215 OVERPASS
This Amendment No. 1 to Transportation Uniform Mitigation Fee Program Agreement ("Amendment No. 1") is entered into this ___ day of ______ _, 2021, by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS ("WRCOG") and the CITY OF MENIFEE ("AGENCY"). WRCOG and the AGENCY are sometimes referred to individually as "Party" and collectively as "Parties."

RECITALS
A. WRCOG and AGENCY have entered into an agreement numbered "18-CNMEN-1181" titled "Transportation Uniform Mitigation Fee Program Agreement" that is dated March 3, 2020 ("Agreement"). The Agreement provides the terms and conditions, scope of work, schedule and funding amount for the construction phase of the Holland Road / I-215 Overpass (hereinafter the "Project").

B. The Parties desire to amend the Agreement by increasing the original construction phase funding amount pursuant to Sections 6 and 33 of the Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:

1. The Funding Amount contained in Section 2 of the Agreement is hereby increased 17th November
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Menifee Mayor and City Council October 19, 2022

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Menifee Mayor and City Council October 19, 2022

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Menifee Mayor and City Council October 19, 2022

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Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 59
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Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 64
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Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 65
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Bid Award and Agreement with Riverside Construction Company, Inc., for Construction Services for the Holland Road/I215 Overcrossing Item Page Number: 79
Menifee Mayor and City Council October 19, 2022

CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road
Water, Sewer and Recycled Water Utility Project
MEETING DATE: October 19, 2022
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Award bid and authorize the City Manager to execute an owner-contractor agreement with Ferreira Coastal Construction Company to perform construction services for the Holland Road Water, Sewer, and Recycled Water Utility Capital Improvement Project No. CIP 13-03, in the amount of $719,174; and

2. Adopt the budget amendment resolutions carrying forward CIP 13-03 Holland Road Overpass (Holland Road Water, Sewer Utilities Project) budget from fiscal year 2021/2022 into the fiscal year 2022/2023 budget and in the amount of $815,000, including authorizing transfer of $500,000 in revenue and expenditures from the Grant Fund (Fund 301) to the Capital Projects Fund (320).

DISCUSSION
The Holland Road / I-215 Overcrossing Project (“Project”) is a proposed four-lane bridge and road that would connect the City’s east and west sides of I/215 from Hanover Lane to Haun Road.

Due to changes in grade and elevation required to accommodate the extension of Holland Road Bridge over the I-215, existing properties and businesses located on the south side of Holland Road and west of the I-215 would no longer have a direct connection to Holland Road. To provide access to these properties, a sub-project/additional component, Holland Road Water, Sewer, and Recycled Water Utility Project (“Utilities Project”) was added to the original Project in 2021. The Utilities Project would relocate existing water facilities and construct new recycled water and sewer infrastructure that is not currently present in this area. This area’s proximity to the I-215 freeway makes it a highly desirable prospective area for economic development opportunities.

New facilities would be developed in such a way that future utility connections in the area could be performed by developers without disturbing or excavating newly constructed facilities. The Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 1
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
CIP 13-03 Award
October 19, 2022

addition of recycled water and sewer utilities would provide readily available infrastructure, promote commercial growth to this area and bring much needed jobs to the city.

At the March 2, 2022, fiscal year 2021/2022 mid-year budget review meeting, City Council approved the appropriation of $500,000 from the $13 million American Rescue Plan Act (ARPA) funding to support the Utilities Project. The City received ARPA funding directly from the federal government as fiscal support to mitigate the impacts, including economic, of Covid-19.

The City has also negotiated an agreement with Eastern Municipal Water District (EMWD) to recuperate some of the costs incurred by the City for the Utilities Project in the form of a “Frontage Reimbursement” whereby future fees paid by developers to connect to the new recycled water and sewer facilities would be transferred to the City. The Frontage Reimbursement agreement has an expiration date of ten years after the utility facilities constructed are approved and accepted by EMWD.

Staff administered a competitive bid process for the Utilities Project and on September 6, 2022, the Utilities Project was legally advertised for construction in accordance with the California Public Contract Code. An electronic bid opening was held on September 22, 2022, and a total of four bids were received as summarized in Table 1 below.

Table 1- Bid Result Summary
Firm Name Total Bid
Amount
Lowest Responsible
Bidder
Engineer’s Estimate $630,000.00
Ferreira Coastal Construction Company $719,174.00 X
Downing Construction, Inc. $759,119.00
Borden Excavating, Inc. $959,959.00
Gentry General Engineering, Inc. $1,591,610.00
Staff reviewed the lowest bidder at the time of the bid opening and determined that Ferreira Coastal Construction Company met the requirements for recommendation as the lowest responsive and responsible bidder.

The anticipated construction cost for the Utilities Project is $815,000, which includes construction and other costs typically associated with a construction project.

If approved by the City Council, the tentative project schedule would be as follows:

Construction Start: November 2022
Construction End: March 2024
City Council Acceptance June 2024
*The timeline above assumes no delays due to weather or unforeseen conditions.

Environmental Impact
The project is subject to the mitigation measures per the Holland Road/I-215 Overcrossing Initial Study with Mitigated Negative Declaration Report (IS/MND) (SCH No. 2016041073). The City Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 2
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
CIP 13-03 Award
October 19, 2022

approved this project IS/MND on August 3, 2016, and has made the following determinations regarding this project:

1. The proposed project will not have a significant effect on the environment.

2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.

3. Mitigation measures were made a condition of the approval of the project.

4. A Mitigation Reporting or Monitoring Plan was adopted for this project.

5. A Statement of Overriding Considerations was not adopted for the project.

6. Findings were not made pursuant to the provisions of CEQA.

A Notice of Determination was filed with the County of Riverside and recorded on August 16, 2016, for this project.

STRATEGIC PLAN OBJECTIVE
Accessible and Interconnected Community

FISCAL IMPACT
The total anticipated construction cost for the Utilities Project is estimated at $815,000. Funding in the total amount of $815,000 and is available from existing project funding through fiscal year 2021/2022 budgets as shown in Table 2 below.

Table 2- Existing Project Funding
Fund Project Account Number Available
Budget*
Amount
Requested
Capital
Projects
Holland Road Water,
Recycled Water, and
Sewer Utilities Project
320-4555-58021** $815,000 $815,000
Total $815,000 $815,000
*Available budget is specific to the Utility Project.
** Includes $500,000 transferred from Fund 301 (Grant Fund) as approved during FY21/22 midyear budget review.

Approval of the two recommended budget adjustment resolutions (BAR) would carry forward the fiscal year 2021/2022 project budget, ahead of the scheduled CIP carryover process, into the fiscal year 2022/23 budget, in the amount of $815,000, including $500,000 in revenue and expenditures to be transferred from Fund 301 (Grant Fund) to Fund 320 (Capital Projects Fund).

Upon approval, $500,000 will be transferred from revenue account no. 301-3742 (American Rescue Plan) to account no. 320-3900 (Capital Projects – Operating Transfer In) and $500,000 would be transferred from expenditure account no. 301-4221-52216 (American Rescue Plan) to 320-4555-58021 (Holland Road Water, Recycled Water and Sewer Utilities Project).

Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 3
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
CIP 13-03 Award
October 19, 2022

ATTACHMENTS

1. Project Location Map

2. Agreement

3. Fund 301 – Budget Amendment Resolution

4. Fund 320 – Budget Amendment Resolution
Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 4
Menifee Mayor and City Council October 19, 2022

HOLLAND ROAD WATER, SEWER, RECYCLED WATER UTILITES

PROJECT LOCATION MAP
Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project Item Page Number: 5
Menifee Mayor and City Council October 19, 2022

290/031858-0008
7645681.2 a03/02/22 Page 1

CITY OF MENIFEE BID AND CONTRACT DOCUMENTS

OWNER-CONTRACTOR AGREEMENT
CIP 13-03 HOLLAND ROAD WATER, SEWER, AND RECYCLED WATER UTILITY This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and FERREIRE CONSTRUCTION CO. INC. dba FERREIRA COASTAL CONSTRUCTION CO. (“Contractor”), whose principal business address is 10370 Commerce Center Drive Suite B200, Rancho Cucamonga, CA 91730 on the ________ day of ______________, 20_______.

In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good worker-like and substantial manner and to the satisfaction of the Agency, in connection with the CIP 13-03 HOLLAND ROAD WATER, SEWER, AND RECYCLED WATER UTILITY to be constructed at the Holland Road in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work.

Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s consent has not been issued shall be null and void.

2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE
Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents.

The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed.

Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 6
Menifee Mayor and City Council October 19, 2022

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4. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.

5. COVID-19 SAFETY
If Contractor or subcontractor(s) enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

6. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.]

7. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person’s compensation, terms, conditions or privileges of employment because of such person’s race, religious status, sex or age.

8. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.

9. WORKERS’ COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 7
Menifee Mayor and City Council October 19, 2022

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provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”

10. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

11. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested.

12. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services.

13. LICENSES AND PERMITS
Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.

14. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch

15. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

16. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 8
Menifee Mayor and City Council October 19, 2022

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where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 15, above:

(Initial) (Initial)

17. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

AGENCY:

City of Menifee
By:

Armando G. Villa, City Manager
CONTRACTOR:

By:

Name: Brandon Pensick
Its: Senior Vice President
APPROVED AS TO FORM:

By:

Jeffrey T. Melching, City Attorney
By:

Name: Lou Pacheco
Its: Secretary/Treasurer
ATTEST:

By:

Stephanie Roseen, Acting City Clerk
Contractor’s City Business License No.
985180, A, C10, C13
State Contractor License No. & Class
10370 Commerce Center Drive Suite B200
Street Address
Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 9
Menifee Mayor and City Council October 19, 2022

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Rancho Cucamonga, CA 91730
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]
Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 10
Menifee Mayor and City Council October 19, 2022

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EXHIBIT A

CONTRACT DOCUMENTS
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 11
Menifee Mayor and City Council October 19, 2022

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EXHIBIT B

CONTRACT PRICE
Seven Hundred Nineteen Thousand One Hundred Seventy Four and Zero Cents ($719,174.00)
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.

Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 12
Menifee Mayor and City Council October 19, 2022

290/031858-0008
7645681.2 a03/02/22 Page 8
Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 13
Menifee Mayor and City Council October 19, 2022

290/031858-0008
7645681.2 a03/02/22 Page 9
Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 14
Menifee Mayor and City Council October 19, 2022

290/031858-0008
7645681.2 a03/02/22 Page 10
Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 15
Menifee Mayor and City Council October 19, 2022

290/031858-0008
7645681.2 a03/02/22 Page 11
Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 16
Menifee Mayor and City Council October 19, 2022

290/031858-0008
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Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 17
Menifee Mayor and City Council October 19, 2022

RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with Resolution No. 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

Grant Fund Adopted FY 2022/23 Revenue Budget: $2,025,210

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022 American Rescue Plan (ARP):

Fire Station #68 Project 301-3742 $329,429
September 21,
2022 2022 Clean Air Microgrant 301-3744 1,000
September 21,
2022 Specialized Transit Program 301-3891 150,000
October 19, 2022
American Rescue Plan: Holland Road Water,
Recycled Water, and Sewer Utilities Project
(FY21/22 Carry-Over)
301-3742 500,000
TOTAL: $980,429
Amended Grant Fund FY 2022/23 Revenue Budget: $3,005,639 Grant Fund Adopted FY 2022/23 Expenditure Budget: $2,010,210

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022 American Rescue Plan (ARP):

Fire Station #68 Project 301-4555-58101 $329,429
August 3, 2022 SB1383 Local Assistance Grant:

FY2021/22 Budget Carryover 301-4660-52854 141,516
September 21,
2022 2022 Clean Air Microgrant 301-4661-52844 1,000
September 21,
2022 Specialized Transit Program 301-4660-58159 150,000 October 19, 2022
Holland Road Water, Recycled Water,
and Sewer Utilities Project (FY21/22
Carry-Over)
301-4221-52216 500,000
TOTAL: $1,121,945
Amended Grant Fund FY 2022/23 Expenditure Budget: $3,132,155 Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 18
Menifee Mayor and City Council October 19, 2022

Amending the Fiscal Year 2022/23 Grant Fund Budget
ARP Program
2 3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the Grant Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

American Rescue Plan: Holland Road Water, Recycled
Water, and Sewer Utilities Project (FY21/22 Carry-Over) $500,000 Amended Grant Fund FY 2022/23 Budget: $3,005,639

Expenditures:

American Rescue Plan: Holland Road Water, Recycled
Water, and Sewer Utilities Project (FY21/22 Carry-Over) $500,000 Amended Grant Fund FY 2022/23 Budget: $3,132,155
PASSED, APPROVED AND ADOPTED this 19th day of October 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 19
Menifee Mayor and City Council October 19, 2022

RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with Resolution No. 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

Capital Projects Fund 320 Adopted FY 2022/23 Revenue Budget: $2,484,099

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:

Amended Capital Projects Fund 320 FY 2022/23 Revenue Budget: $2,484,099 Capital Projects Fund Adopted FY 2022/23 Expenditure Budget: $2,474,099

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 19, 2022 Holland Road Water, Recycled Water,
and Sewer Utilities Project 320-4555-58021 $315,000
TOTAL: $315,000
Amended Capital Projects Fund 320 FY 2022/23 Expenditure Budget: $2,789,099

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 20
Menifee Mayor and City Council October 19, 2022

Amending the Fiscal Year 2022/23 Capital Project Fund 320 Budget Holland Road Water, Recycled Water, and Sewer Utilities Project 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the Capital Projects Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Amended Capital Projects Fund 320 FY 2022/23 Budget: $2,484,099

Expenditures:

Holland Road Water, Recycled Water, and Sewer Utilities Project $315,000
Amended Capital Projects Fund 320 FY 2022/23 Budget: $2,789,099 PASSED, APPROVED AND ADOPTED this 19th day of October 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.12
Bid Award and Agreement with Ferreira Coastal Construction Company for Construction Services for the Holland Road Water, Sewer and Recycled Water Utility Project
Item Page Number: 21
Menifee Mayor and City Council October 19, 2022

CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
MEETING DATE: October 19, 2022
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Award bid and authorize the City Manager to execute an owner-contractor agreement with CT&T Concrete Paving, Inc., to perform construction services for Sun City Community Pedestrian Project and Lazy Creek Community Pedestrian Project, Capital Improvement Project No. CIP 22-20 and CIP 22-21, in the not-to-exceed amount of $678,192.10; and

2. Approve budget adjustment resolutions (BARs) carrying forward CIP 22-20 Sun City Community Pedestrian Project and CIP 22-21 Lazy Creek Community Pedestrian Project budgets from fiscal year 2021/2022 into the fiscal year 2022/2023 budget in the amount of $520,636, and appropriating various fund savings from fiscal year 2021/2022 into the project as recommended.

DISCUSSION
On July 21, 2021, City Council approved a funding agreement with Riverside County Transportation Commission (RCTC) for the installation of ADA ramps and installation of high visibility crosswalks within the Sun City community and Lazy Creek community. The Sun City Pedestrian Project was first advertised on April 19, 2022, with a formal bid opening on May 5, 2022, and a total of two bids were received. Due to the high price of the two bids submitted, staff recommended, and Council approved, to reject all bids and rebid the Sun City Pedestrian Project with the Lazy Creek Pedestrian Project (collectively as one “Project”).

Staff administered a competitive bid process for the Project that was legally advertised in accordance with the California Public Contract Code. An electronic bid opening was held on September 8, 2022, and a total of five bids were received as summarized in Table 1 on the following page.

Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
CIP No. 22-20 & CIP No. 22-21 Award
October 19, 2022

Table 1- Bid Result Summary
Firm Name Total Bid Amount Lowest Responsible
Bidder
Engineer’s Estimate $ 790,000.00
CT&T Concrete Paving, Inc.* $ 678,192.10 X
DM Contracting, Inc. $ 699,650.00
LC Paving Inc. $ 749,948.43
IE General Engineering Inc. $ 1,001,700.00
Hillcrest Contract Inc. $ 1,153,665.00
Based on staff review of the bid documents, CT&T Concrete Paving, Inc., was determined to meet the requirements as the lowest responsive and responsible bidder, with a total construction bid cost of $678,192.10.

At this time, the total anticipated construction cost for the project is estimated at $767,503, which includes construction, materials testing, labor compliance, inspection, and other costs typically associated with a construction project. Given the unpredictable nature of material pricing and availability, it is important to note that the Project costs and delivery timelines may continue to be impacted.

Total project budgets are currently available in the amount of $520,636. Additional funding in the amount of $246,867 would be required to fully support completion of the Project. Staff has identified savings from other recently completed capital improvement projects. Staff is requesting the approval of budget amendment resolutions (“BAR”) which would transfer funds in the total amount of $246,867 from various projects savings identified and summarized in Table 3 under fiscal impact.

If approved by the City Council, the tentative project schedule would be as follows:

Construction Start: November 2022
Construction End: January 2023
City Council Acceptance: February 2023
*The timeline above assumes no delays due to weather or unforeseen conditions.

Environmental Impact
The proposed use has been determined to be Categorically Exempt (“Existing Facilities”) under the California Environmental Quality Act (CEQA) and CEQA Guidelines, Section 15301. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Class 1 includes the following example of a project that would be exempt under this section: (c) [minor alterations to] Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). The Project is for the removal and replacements of 34 ADA ramps, and installation of rapid flashing beacons, as well as new striping and traffic signs. All improvements are within existing city right-of-way. The proposed improvements are a negligible expansion of the existing use. The improvements Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
CIP No. 22-20 & CIP No. 22-21 Award
October 19, 2022

described above are considered minor alterations to existing streets or similar facilities. The project is exempt per Section 15301.

The proposed Project is also exempt under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (Section 15061(b)(3)). There is no possibility that the activity in question will have a significant effect on the environment because the proposed project is occurring in an area that is already heavily disturbed and is not environmentally sensitive.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
The total anticipated construction cost for the Project is estimated at $767,503. The available existing funding for this Project is $520,636 as summarized in Table 2 below. Funding to support the remaining construction cost of $246,867 has been identified from project savings as summarized in Table 3 below.

Table 2- Existing Project Funding
Fund Project Account
Number
Available
Budget
Anticipated Cost
General Fund
(100)
CIP 22-20: Sun
City Pedestrian
Ramps
100-4555-58137 $183,886.00 $183,886.00
Grant Funds
(301)
CIP 22-20: Sun
City Pedestrian
Ramps
301-4555-58137 168,869.00 168,869.00
General Fund
(100)
CIP 22-21: Lazy
Creek Pedestrian
Ramps
100-4555-58138 88,380.50 88,380.50
Grant Funds
(301)
CIP 22-21: Lazy
Creek Pedestrian
Ramps
301-4555-58138 79,500.50 79,500.50
Total $520,636.00 $520,636.00
Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
CIP No. 22-20 & CIP No. 22-21 Award
October 19, 2022

Table 3- Identified Project Funding
Fund Project Account Number
From To
Available
Budget
Amount
Requested
General
(100)
McCall Blvd
Resurfacing
100-4555-58111 100-4555-58137 $48,773.95 $48,773.95
General
(100)
Tradewinds
Community
100-4555-58124 100-4555-58137 60,057.00 60,057.00
General
(100)
Murrieta
Rd/Sun City
Blvd. Traffic
Signal
100-4555-58107 100-4555-58137 113,932.08 31,932.08
Quality of Life
(Measure DD)
(105)*
Peacock
Community
Road
Resurfacing
105-4555-58116 105-4555-58138 125,031.48 106,103.97
Total $347,794.51 $246,867.00
* Reprogramming of funds presented to Quality of Life (Measure DD) Committee on October 11, 2022 and recommended by Committee to be re-programmed as recommended.

Identified savings from these projects would be incorporated into the project budget. Approval of the recommended BAR would carry forward the fiscal year 2022/2023 and reprogram savings from previously completed projects.

ATTACHMENTS

1. Project Location Map

2. Agreement

3. Fund 105 - Budget Adjustment Resolution Quality of Life Measure

4. Fund 100 - Budget Adjustment Resolution General Fund

5. Fund 301 - Budget Adjustment Resolution Grant Fund
Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

sp;10.13 Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project mber: 5
nbsp;                                            October 19, 2022 &T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project                                  October 19, 2022 290/031858-0008
7645681.2 a03/02/22 Page 1

CITY OF MENIFEE BID AND CONTRACT DOCUMENTS

OWNER-CONTRACTOR AGREEMENT
CIP 22-20 & CIP 22-21 SUN CITY & LAZY CREEK COMMUNITY PEDESTRIAN

PROJECT
This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and CT&T CONCRETE PAVING INC. (“Contractor”), whose principal business address is 324 S. DIAMOND BAR BLVD. PMB 275, DIAMOND BAR, CA 91765 on the ________ day of ______________, 20_______.

In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good worker-like and substantial manner and to the satisfaction of the Agency, in connection with the CIP 22-20 & CIP 22-21 SUN CITY & LAZY CREEK COMMUNITY PEDESTRIAN PROJECT to be constructed at the Sun City & Lazy Creek Communities in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s consent has not been issued shall be null and void.

2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE
Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents.

The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed.

Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

290/031858-0008
7645681.2 a03/02/22 Page 2

4. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.

5. COVID-19 SAFETY
If Contractor or subcontractor(s) enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

6. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.]

7. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person’s compensation, terms, conditions or privileges of employment because of such person’s race, religious status, sex or age.

8. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.

9. WORKERS’ COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

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provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”

10. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

11. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested.

12. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services.

13. LICENSES AND PERMITS
Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.

14. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch

15. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

16. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

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7645681.2 a03/02/22 Page 4
where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 15, above:
(Initial) (Initial)

17. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

AGENCY:

City of Menifee
By:

Armando G. Villa, City Manager
CONTRACTOR:

By:

Name: Jose Carvajal, President &
Secretary______
Its:

APPROVED AS TO FORM:

By:

Jeffrey T. Melching, City Attorney
By:

Name: Jackie Carvajal, Treasurer
Its:

ATTEST:

By:

Sarah A. Manwaring, City Clerk
Contractor’s City Business License No.
875627, Class C12, C-8, and A
State Contractor License No. & Class
324 S. DIAMOND BAR BLVD. PMB 275
Street Address
Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

290/031858-0008
7645681.2 a03/02/22 Page 5
DIAMOND BAR, CA 91765
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]
Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

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EXHIBIT A

CONTRACT DOCUMENTS
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

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EXHIBIT B

CONTRACT PRICE

SIX HUNDRED SEVENTY EIGHT THOUSAND, ONE HUNDRED NINETY TWO AND TEN CENTS ($678,192.10)
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.

Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

290/031858-0008
7645681.2 a03/02/22 Page 8
Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

290/031858-0008
7645681.2 a03/02/22 Page 9
Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

290/031858-0008
7645681.2 a03/02/22 Page 10
Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

290/031858-0008
7645681.2 a03/02/22 Page 11
Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

290/031858-0008
7645681.2 a03/02/22 Page 12
Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

290/031858-0008
7645681.2 a03/02/22 Page 13
Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

290/031858-0008
7645681.2 a03/02/22 Page 14
Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with resolution 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

Quality of Life Fund 105 Adopted FY 2022/23 Revenue Budget: $18,126,000

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:

Amended Quality of Life Fund 105 FY 2022/23 Revenue Budget: $18,126,000 Quality of Life Fund 105 Adopted FY 2022/23 Expenditure Budget: $18,126,000

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 19, 2022
CIP 13-03: Holland Road/I-215
Overcrossing (FY21/22 Budget CarryOver/Assigned Reserves)105-4555-58021 $4,327,028.25 October 19, 2022
CIP 22-21: Lazy Creek Community
Pedestrian Project (FY21/22 Budget
Carry-Over Re-Programmed)
105-4555-58138 106,103.97
TOTAL: $4,433,132.22
Amended Quality of Life Fund 105 FY 2022/23 Expenditure Budget: $22,559,132.22

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

Amending the Fiscal Year 2022/23 Quality of Life (Measure DD) FY21/22 Carry-Over- CIP 22-20: Sun City Community Pedestrian/CIP 22-21: Lazy Creek Community Pedestrian 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the Quality of Life (Measure DD) Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Amended Quality of Life Fund 105 FY 2022/23 Budget: $18,126,000

Expenditures:

CIP 22-21: Lazy Creek Community Pedestrian Project
(FY21/22 Budget Carry-Over Re-Programmed) $106,103.97
Amended Quality of Life Fund 105 FY 2022/23 Budget: $22,559,132.22 PASSED, APPROVED AND ADOPTED this 19th day of October 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with Resolution No. 22-1157 on June 1st, 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

General Fund Adopted FY 2022/23 Revenue Budget: $67,933,273

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:

Amended General Fund FY 2022/23 Revenue Budget: $67,933,273 General Fund Adopted FY 2022/23 Expenditure Budget: $67,933,273

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022
FY21/22 Budget Carry-over
(Reprogrammed) Fire Station
#68 Improvements
100-4555-58101 $97,675
September 21, 2022
FY21/22 Budget Carry-over – PMP
23-02 Leon Road Micro-Surfacing
Project
100-4555-58158 60,000
October 19, 2022
CIP 13-03: Holland Road/I-215
Overcrossing (FY21/22 Budget
Carry-Over/Assigned Reserves)
100-4555-58021 2,800,000
Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

Amending the Fiscal Year 2022/23 General Fund Budget
FY21/22 Carry-Over- CIP 22-20: Sun City Community Pedestrian/CIP 22-21: Lazy Creek Community Pedestrian

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 19, 2022
CIP 22-20: Sun City Community
Pedestrian Project (FY21/22
Budget Carry-Over)
100-4555-58137 $183,886
October 19, 2022
CIP 22-20: Sun City Community
Pedestrian Project (FY21/22
Budget Carry-Over ReProgrammed)
100-4555-58137 140,763.03
October 19, 2022
CIP 22-21: Lazy Creek
Community Pedestrian Project
(FY21/22 Budget Carry-Over)
100-4555-58138 88,380.50
TOTAL: $3,370,704.53
Amended General Fund FY 2022/23 Expenditure Budget: $71,303,977.53

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: 0

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the General Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Amended General Fund FY 2022/23 Budget: $67,933,273
Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

Amending the Fiscal Year 2022/23 General Fund Budget
FY21/22 Carry-Over- CIP 22-20: Sun City Community Pedestrian/CIP 22-21: Lazy Creek Community Pedestrian Expenditures:

PASSED, APPROVED AND ADOPTED this 19th day of October 2022.

Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:

Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney 2 CIP 22-20: Sun City Community Pedestrian Project (FY21/22 Budget Carry-Over)
$183,886
CIP 22-20: Sun City Community Pedestrian Project (FY21/22 Budget Carry-Over Re-Programmed)
140,763.03
CIP 22-21: Lazy Creek Community Pedestrian Project
(FY21/22 Budget Carry-Over)
88,380.50
Amended General Fund FY 2022/23 Budget: $71,303,977.53
Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with Resolution No. 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

Grant Fund Adopted FY 2022/23 Revenue Budget: $2,025,210

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT #
AMOUNT
July 20, 2022 American Rescue Plan (ARP):

Fire Station #68 Project 301-3742 $329,429
September 21,
2022 2022 Clean Air Microgrant 301-3744 1,000
September 21,
2022 Specialized Transit Program 301-3891 150,000
October 19, 2022
American Rescue Plan: Holland Road
Water, Recycled Water, and Sewer Utilities
Project (FY21/22 Carry-Over)
301-3742 500,000
October 19, 2022
American Rescue Plan: Economic
Development Program (FY21/22 CarryOver)301-3742 500,000 October 19, 2022 CIP 22-20: Sun City Community Pedestrian Project (FY21/22 Budget Carry-Over) 301-3872 183,886
October 19, 2022
CIP 22-21: Lazy Creek Community
Pedestrian Project (FY21/22 Budget CarryOver)301-3873 88,380.50 TOTAL: $1,752,695.50
Amended Grant Fund FY 2022/23 Revenue Budget: $3,777,905.50 Grant Fund Adopted FY 2022/23 Expenditure Budget: $2,010,210

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022 American Rescue Plan (ARP):

Fire Station #68 Project 301-4555-58101 $329,429
August 3, 2022 SB1383 Local Assistance Grant:

FY2021/22 Budget Carryover 301-4660-52854 141,516
September 21,
2022 2022 Clean Air Microgrant 301-4661-52844 1,000
September 21,
2022 Specialized Transit Program 301-4660-58159 150,000 Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

Amending the Fiscal Year 2022/23 Grant Fund Budget
FY21/22 Carry-Over- CIP 22-20: Sun City Community Pedestrian/CIP 22-21: Lazy Creek Community Pedestrian 2 CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 19, 2022
Holland Road Water, Recycled Water,
and Sewer Utilities Project (FY21/22
Carry-Over)
301-4221-52216 500,000
October 19, 2022
American Rescue Plan: Economic
Development Program (FY21/22 CarryOver)301-4221-58162 500,000 October 19, 2022
CIP 22-20: Sun City Community
Pedestrian Project (FY21/22 Budget
Carry-Over)
301-4555-58137 168,869
October 19, 2022
CIP 22-21: Lazy Creek Community
Pedestrian Project (FY21/22 Budget
Carry-Over)
301-4555-58138 79,500.50
TOTAL: $1,870,314.50
Amended Grant Fund FY 2022/23 Expenditure Budget: $3,880,524.50

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the Grant Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

CIP 22-20: Sun City Community Pedestrian Project
(FY21/22 Budget Carry-Over) $183,886
CIP 22-21: Lazy Creek Community Pedestrian Project
(FY21/22 Budget Carry-Over) 88,380.50
Amended Grant Fund FY 2022/23 Budget: $3,777,905.50

Expenditures:

CIP 22-20: Sun City Community Pedestrian Project
(FY21/22 Budget Carry-Over) $168,869
CIP 22-21: Lazy Creek Community Pedestrian Project
(FY21/22 Budget Carry-Over) 79,500.50
Amended Grant Fund FY 2022/23 Budget: $3,880,524.50
Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

Amending the Fiscal Year 2022/23 Grant Fund Budget
FY21/22 Carry-Over- CIP 22-20: Sun City Community Pedestrian/CIP 22-21: Lazy Creek Community Pedestrian 3 PASSED, APPROVED AND ADOPTED this 19th day of October 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.13
Bid Award and Agreement with CT&T Concrete Paving, Inc., for Construction Services for Sun City Community Pedestrian Project & Lazy Creek Community Pedestrian Project
Menifee Mayor and City Council October 19, 2022

CITY OF MENIFEE
SUBJECT: Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements
MEETING DATE: October 19, 2022
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute agreement amendments with CivilPros, TR Design Group, Inc., Kimley-Horn and Associates, Inc., Anser Advisory Management, LLC, and Geocon West, Inc., extending the terms of service; and

2. Authorize the City Manager to execute Change Order No. 1 to LC Paving and Sealing, Inc., for Murrieta Road/Sun City Boulevard Traffic Signal Project, extending the terms of service.

DISCUSSION
The City of Menifee Capital Improvement Program (CIP) is administered and implemented by the Public Works and Engineering Department. Carrying out each CIP project involves various stages of technical work from pre-design to final construction. Several trades and specialized services are required to perform this technical work including, but not limited to, surveying, materials testing, design, geotechnical assessments, construction, and labor compliance. To accomplish this work, the City utilizes a combination of in-house staff, consultant firms, and contractors.

The CIP division’s staff strive to deliver all projects on time and within budget. Due to the nature of project delivery, there are times when contract agreements, especially those that are performed by professional engineering consultants, need to be extended to properly finish and close out administrative requirements of the projects. Recently due to circumstances outside of the City’s or contractors’ control, several projects have experienced severe material delivery delays that ultimately affected overall project delivery schedules. These delays have also resulted in the need to extend the terms of several of the contracts associated with the projects.

Item Title: 10.14
Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements Item Page Number: 1
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
CIP Division Agreement Amendments
July 20, 2022

The following six projects require amendments to existing professional services agreements to provide an extension to the agreement terms to allow completion of final design and administrative procedures required to close out the projects:
• CIP 20-01 Scott Road/Bundy Canyon Road Widening - Engineering Services Agreement with CivilPros, Inc: This project is initiating the NEPA environmental clearance process that is estimated to take an additional 18 months to complete. Approval of Amendment No. 4 would provide the necessary time to complete this task and other design related tasks pending NEPA clearance.

Table 1 – CivilPros Agreement History
Date
approved
Amount Contract
Term
Original Contract 9/18/2019 $2,340,960.00 10/31/2021
Amendment 1 4/11/2020 $81,980.00
Amendment 2 7/7/2021 $0.00 6/30/2022
Amendment 3 1/19/2022 $520,900.00
Amendment 4 $0.00 12/31/2024
• CIP 21-03 Fire Station No. 68 Improvements Project - Architectural & Engineering Services Agreement with TR Design Group, Inc.: This project has been delayed due to material delivery issues with various vendors. Approval of Amendment No. 2 would provide the additional time needed for TR Design to complete their construction administration tasks through project close-out.

Table 2 – TR Design Group Agreement History
Date
approved
Amount Contract
Term
Original Contract 12/18/2020 $57,659.40 12/31/2021
Amendment 1 8/4/2021 $29,448.25 6/30/2022
Amendment 2 $0.00 6/30/2023
• CIP 21-11: Menifee Road and Garbani Road Traffic Signal - Engineering Services Agreement with Kimley-Horn and Associates: The completion of this project has been delayed due to material shortages of critical equipment components required for the safe and efficient operation of the traffic signal. At this time, the work is substantially completed.

Kimley-Horn is tasked to provide as-built drawings of the project construction for closeout. Approval of Amendment No. 3 would provide the additional time necessary time to complete this task.

Item Title: 10.14
Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements Item Page Number: 2
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
CIP Division Agreement Amendments
July 20, 2022

Table 3 – Kimley-Horn Agreement History
Date
approved
Amount Contract
Term
Original Contract 10/7/2020 $82,930.00 6/30/2021
Amendment 1 2/16/2021 $8,100.00
Amendment 2 1/16/2021 $29,970.00 9/30/2022
Amendment 3 $0.00 3/31/2023
• CIP 21-17 Peacock Place Community Resurfacing Project - Labor Compliance Services Agreement with Anser Advisory LLC: Construction of this project is completed, however, there are a few items that the contractor is yet to submit related to Labor Compliance. Approval of Amendment No. 1 would extend the term of the agreement to allow the extra time necessary to complete all labor compliance services through project close-out.

Table 4 – Anser Advisory Agreement History
Date
approved
Amount Contract
Term
Original Contract 2/2/2022 $9,000.00 6/30/2022
Amendment 1 $0.00 12/31/2022
• CIP 22-07 Tradewinds Community Resurfacing Project – Materials Testing Agreement with Geocon West, Inc: This resurfacing project is complete pending final material inspections and submission of a final report. Approval of Amendment No. 1 would extend the term of the existing agreement to allow the necessary time to complete the material inspections and submit a final report.

Table 5 – GeoCon West Inc. Agreement History
Date
approved
Amount Contract
Term
Original Contract 8/2/2021 $23,858.00 6/30/2022
Amendment 1 $0.00 12/31/2022
• CIP 22-15 Antelope Road/MSJC Entrance Traffic Signal – Engineering Services Agreement with Kimley-Horn and Associates: This project is expected to start construction in March 2023. Approval of Amendment No. 2 would add the necessary time to draft and provide as-builts plans to the City at the completion of the project.

Table 6 – Kimley-Horn Agreement History
Date
approved
Amount Contract
Term
Original Contract 9/15/2021 $45,186.00 6/30/2022
Amendment 1 3/10/2022 $2,450.00
Amendment 2 $0.00 12/31/2023
Item Title: 10.14
Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements Item Page Number: 3
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
CIP Division Agreement Amendments
July 20, 2022

The following project requires a change order to a construction agreement to allow the contractor to complete the construction of the project:
• CIP 21-09 Murrieta Road/Sun City Boulevard Traffic Signal - Construction Agreement with LC Paving, Inc: This project began construction on April 4, 2022, and is now substantially complete with all civil work and traffic signal pole installation completed on time. Unforeseen material shortages from manufacturers delayed the delivery of critical equipment needed for the traffic signal operation. This has resulted in project delays that extended beyond the original 60 day completion timeline. Approval of Change Order No.1 would increase the term of the construction agreement and add the additional number of workdays required for the contractor to complete the project.

Each of the agreements referenced above were originally established with a termination date of June 30, 2022, or prior. It is important to note that the proposed amendments are only for agreement term extensions and do not include any increases in consultant or contractor compensation.

Pursuant to Menifee Municipal Code Chapter 3.12.090, any time extension exceeding 60 days from the previously approved or original agreement deadline, whichever is the latest, shall be approved by City Council. All other terms of the agreements shall remain the same.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no additional fiscal impact associated with approval of the change order or the six proposed amendments as each would only extend the original term of the agreements.

Compensation amounts for each agreement would remain unchanged. No additional budget appropriation actions are required for approval of the proposed amendments, or contract change order.

ATTACHMENTS

1. CIP 20-01 Civil Pros - Amendment No. 4

2. CIP 21-03 TR Design - Amendment No. 2

3. CIP 21-11 Kimley-Horn - Amendment No. 3

4. CIP 21-17 Anser Advisory - Amendment No. 1

5. CIP 22-07 GeoCon - Amendment No. 1

6. CIP 22-15 Kimley-Horn - Amendment No. 2

7. CIP 21-09 LC Paving – Change Order No. 1
Item Title: 10.14
Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements Item Page Number: 4
Menifee Mayor and City Council October 19, 2022

AMENDMENT NO. 4 TO

AGREEMENT BETWEEN CIVILPROS
AND THE CITY OF MENIFEE FOR CIP 20-01: BUNDY CANYON ROAD/SCOTT ROAD

WIDENING PROJECT PROFESSIONAL ENGINEERING SERVICES
This is Amendment No. 4 (“Amendment No. 4”) to that certain Professional Services Agreement (“Agreement”) made on September 18, 2019, between the City of Menifee (“City”) and CIVILPROS (“Consultant”) for CIP 20-01: BUNDY CANYON ROAD/SCOTT ROAD WIDENING PROJECT PROFESSIONAL ENGINEERING SERVICES which Amendment No. 4 is made and entered into on _______________, 2022 to modify the term as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 4 shall have the meanings ascribed to them in the Agreement.

2. Section 1.1, “Term of Services” is amended to read as follows:

1.1 Term of Services. The term of this Agreement shall begin on the SEPTEMBER 18, 2019 and shall end on DECEMBER 31, 2024 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

3. All other terms and conditions of the Agreement remain in full force and effect.

4. This Amendment No. 4 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

Item Title: 10.14
Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements Item Page Number: 5
Menifee Mayor and City Council October 19, 2022

Professional Services Amendment No. 4 with CivilPros

CITY OF MENIFEE CIVILPROS
_______________________________ _______________________________ Armando G. Villa, City Manager Basem Muallem, Vice President Attest: ________________________________
David Berryman, Senior Project Manager
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.14
Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements Item Page Number: 6
Menifee Mayor and City Council October 19, 2022

AMENDMENT NO. 2 TO
AGREEMENT BETWEEN TR DESIGN GROUP, INC.

AND THE CITY OF MENIFEE FOR CIP 21-03 FIRE STATION NO. 68 IMPROVEMENTS

PROJECT- ARCHITECTURAL & ENGINEERING SERVICES
This is Amendment No. 2 (“Amendment No. 2”) to that certain Professional Services Agreement (“Agreement”) made on December 18, 2020, between the City of Menifee (“City”) and TR DESIGN GROUP, INC. (“Consultant”) for CIP 21-03 FIRE STATION NO. 68 IMPROVEMENTS PROJECT- ARCHITECTURAL & ENGINEERING SERVICES which Amendment No. 2 is made and entered into on _______________, 2022 to modify the term as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 2 shall have the meanings ascribed to them in the Agreement.

2. Section 1.1, “Term of Services” is amended to read as follows:

1.1 Term of Services. The term of this Agreement shall begin on the DECEMBER 18, 2020 and shall end on JUNE 30, 2023 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

3. All other terms and conditions of the Agreement remain in full force and effect.

4. This Amendment No. 2 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

Item Title: 10.14
Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements Item Page Number: 7
Menifee Mayor and City Council October 19, 2022

Professional Services Amendment No. 2 with TR Design Group, Inc.

CITY OF MENIFEE TR DESIGN GROUP, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager Thomas Riggle, President Attest: ________________________________
Thomas Riggle, Secretary
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.14
Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements Item Page Number: 8
Menifee Mayor and City Council October 19, 2022

Item Title: 10.14
Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements Item Page Number: 9
Menifee Mayor and City Council October 19, 2022

AMENDMENT NO. 3 TO
AGREEMENT BETWEEN KIMLEY-HORN AND ASSOCIATES, INC.

AND THE CITY OF MENIFEE FOR CIP 21-11: MENIFEE ROAD AND GARBANI ROAD TRAFFIC SIGNAL (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE (“PS&E”))

SERVICES
This is Amendment No. 3 (“Amendment No. 3”) to that certain Professional Services Agreement (“Agreement”) made on October 7, 2020 between the City of Menifee (“City”) and KIMLEY-HORN AND ASSOCIATES, INC. (“Consultant”) for CIP 22-15 ANTELOPE

ROAD/MSJC ENTRANCE TRAFFIC SIGNAL- CIVIL DESIGN, PLANS, SPECIFICATIONS, AND ESTIMATE (“PS&E”) SERVICES which Amendment No. 3 is made and entered into on _______________, 2022 to modify the term as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 3 shall have the meanings ascribed to them in the Agreement.

2. Section 1.1, “Term of Services” is amended to read as follows:

1.1 Term of Services. The term of this Agreement shall begin on the OCTOBER 7, 2020 and shall end on MARCH 31, 2023 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

3. All other terms and conditions of the Agreement remain in full force and effect.

4. This Amendment No. 3 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

Item Title: 10.14
Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements Item Page Number: 10
Menifee Mayor and City Council October 19, 2022

Professional Services Amendment No. 3 with Kimley-Horn and Associates, Inc.

CITY OF MENIFEE KIMLEY-HORN AND ASSOCIATES, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager Matthew McCormick, Vice President Attest: ________________________________
Chad Phillips, Senior Associate
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.14
Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements Item Page Number: 11
Menifee Mayor and City Council October 19, 2022

AMENDMENT NO. 1 TO

AGREEMENT BETWEEN ANSER ADVISORY MANAGEMENT, LLC
AND THE CITY OF MENIFEE FOR CIP 21-17 PEACOCK PLACE COMMUNITY

RESURFACING PROJECT FOR LABOR COMPLIANCE SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on February 2, 2022, between the City of Menifee (“City”) and ANSER ADVISORY MANAGEMENT, LLC (“Consultant”) for CIP 21-17 PEACOCK PLACE COMMUNITY RESURFACING PROJECT FOR LABOR COMPLIANCE SERVICES which Amendment No. 1 is made and entered into on _______________, 2022 to modify the term as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.

2. Section 1.1, “Term of Services” is amended to read as follows:

1.1 Term of Services. The term of this Agreement shall begin on the FEBRUARY 2, 2022 and shall end on DECEMBER 31, 2022 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

3. All other terms and conditions of the Agreement remain in full force and effect.

4. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

Item Title: 10.14
Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements Item Page Number: 12
Menifee Mayor and City Council October 19, 2022

Professional Services Amendment No. 1 with Anser Advisory Management, LLC

CITY OF MENIFEE ANSER ADVISORY MANAGEMENT, LLC
_______________________________ _______________________________ Armando G. Villa, City Manager Lucas Rathe, Vice President Attest: ________________________________
Craig Halvorson, EVP Managing Director
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.14
Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements Item Page Number: 13
Menifee Mayor and City Council October 19, 2022

AMENDMENT NO. 1 TO
AGREEMENT BETWEEN GEOCON WEST, INC.

AND THE CITY OF MENIFEE FOR CIP 22-07: TRADEWINDS COMMUNITY RESURFACING

PROJECT FOR MATERIALS TESTING SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on August 2, 2021, between the City of Menifee (“City”) and GEOCON WEST INC (“Consultant”) for CIP 22-07: TRADEWINDS COMMUNITY RESURFACING PROJECT FOR MATERIALS TESTING SERVICES which Amendment No. 1 is made and entered into on _______________, 2022 to modify the term as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.

2. Section 1.1, “Term of Services” is amended to read as follows:

1.1 Term of Services. The term of this Agreement shall begin on the AUGUST 2, 2021 and shall end on DECEMBER 31, 2022 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

3. All other terms and conditions of the Agreement remain in full force and effect.

4. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

Item Title: 10.14
Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements Item Page Number: 14
Menifee Mayor and City Council October 19, 2022

Professional Services Amendment No. 1 with Geocon West, Inc.

CITY OF MENIFEE GEOCON WEST, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager William Lydon, CFO
Attest: ________________________________
Joseph Vettel, CEO
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.14
Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements Item Page Number: 15
Menifee Mayor and City Council October 19, 2022

AMENDMENT NO. 2 TO
AGREEMENT BETWEEN KIMLEY-HORN AND ASSOCIATES, INC.

AND THE CITY OF MENIFEE FOR CIP 22-15 ANTELOPE ROAD/MSJC ENTRANCE TRAFFIC SIGNAL- CIVIL DESIGN, PLANS, SPECIFICATIONS, AND ESTIMATE (“PS&E”)

SERVICES
This is Amendment No. 2 (“Amendment No. 2”) to that certain Professional Services Agreement (“Agreement”) made on September 15, 2021 between the City of Menifee (“City”) and KIMLEY-HORN AND ASSOCIATES, INC. (“Consultant”) for CIP 22-15 ANTELOPE

ROAD/MSJC ENTRANCE TRAFFIC SIGNAL- CIVIL DESIGN, PLANS, SPECIFICATIONS, AND ESTIMATE (“PS&E”) SERVICES which Amendment No. 2 is made and entered into on _______________, 2022 to modify the term as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 2 shall have the meanings ascribed to them in the Agreement.

2. Section 1.1, “Term of Services” is amended to read as follows:

1.1 Term of Services. The term of this Agreement shall begin on the SEPTEMBER 15, 2021 and shall end on DECEMBER 31, 2023 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

3. All other terms and conditions of the Agreement remain in full force and effect.

4. This Amendment No. 2 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

Item Title: 10.14
Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements Item Page Number: 16
Menifee Mayor and City Council October 19, 2022

Professional Services Amendment No. 2 with Kimley-Horn and Associates, Inc.

CITY OF MENIFEE KIMLEY-HORN AND ASSOCIATES, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager Matthew McCormick, Vice President Attest: ________________________________
Chad Phillips, Senior Associate
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.14
Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements Item Page Number: 17
Menifee Mayor and City Council October 19, 2022

DATE: 9/29/2022
PROJECT DESCRIPTION:

PROJECT NO: CIP 21-09 PURCHASE ORDER NO: 03715
CONTRACTOR:

DESCRIPTION OF CHANGES AND/OR EXTRA WORK:

The Contractor is hereby directed to make the herein described changes from the plans and specifications and/or perform the following described work not included in the Plans and Specifications for this project.

ITEM DESCRIPTION U/M QUANTITY UNIT PRICE TOTAL
1 60
2 25
TOTAL ESTIMATED PRICE FOR THIS CHANGE ORDER: $0.00
JUSTIFICATION: (Be specific on each item. Attach supporting documents as necessary) CONTRACT CHANGE ORDER NO. 001

CITY OF MENIFEE

DEPARTMENT OF PUBLIC WORKS
60 additional days added to contract
LC Paving
Sun City and Murrieta Road Traffic Signal Project
25 days added to contract for SCE Civil Work & inspection This document shall become an amendment to the Contract and all provisions of the Contract will apply hereto. This Change Order constitutes a complete and final resolution of all claims of the Contract for additional time or additional compensation related to or affected by work that is the subject of this Change Order. Quantities of items other than Lump Sum are not to exceed the amounts indicated.

LC Paving has requested 60 additional days to the Contract due to back orders of electrical equipment and late SCE response The project is stopped temporarly for 25 additional days to the Contract due to SCE late response for Civil Work and Inspection.

This CO will not require any additional pay items.

C:\Users\mcornejo\OneDrive - City of Menifee\Desktop\TEMP\Copy of co 1 LC Paving Item Title: 10.14
Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements Item Page Number: 18
Menifee Mayor and City Council October 19, 2022

CONTRACT CHANGE ORDER NO. 001

CITY OF MENIFEE

DEPARTMENT OF PUBLIC WORKS

CONTRACT VARIANCE SUMMARY
CCO # Amount %
1 $0.00 0.00%
Totals $0.00 0.00%
$819,469.59 April 4, 2022
$0.00 April 4, 2022
$0.00 85
$819,469.59 November 7, 2022
AUTHORIZATION BY CITY:

Recommended for approval by:

Date: __________ Date: __________
Approved by:

Date: __________ Date:____________
ACCEPTANCE BY CONTRACTOR:

We, the undersigned Contractor, have given careful consideration to the above described changes and/or extra work and hereby agree that said work is a supplement to the contract and all provisions will apply hereto.

Accepted by: _____________________________________________________ Date: ____________________________ Signature
_____________________________________________________
Please print name and title
Nicolas Fidler , P.E.
_________________________________________ ___________________________________ ________________________________________ __________________________________ Description
Revised Contract Amount:

Original Contract Amount:
85 Date Approved
85 Previous Change Order Amounts:

Current Change Order Amount:
85 day extension to contract
Date Started:

Original Completion Date:

Additional Time (Working Days)
Revised Completion Date:

Additional Time
Armando G. Villa
Project Manager
Carlos Geronimo, Principal Engineer, P.E. QSD/QSP
Construction Manager
Don Sharp
City Public Works Director City Manager
C:\Users\mcornejo\OneDrive - City of Menifee\Desktop\TEMP\Copy of co 1 LC Paving Item Title: 10.14
Agreement Amendments to Extend Terms for Existing Capital Improvement Program Division Agreements Item Page Number: 19
Menifee Mayor and City Council October 19, 2022

CITY OF MENIFEE
SUBJECT: Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
MEETING DATE: October 19, 2022
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst
REVIEWED BY: Jonathan Nicks, Community Services Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Amendment No. 1 to the contractor agreement with Pacific Office Interiors to extend the term of services through October 31, 2022.

DISCUSSION
On November 17, 2021, the City Council approved an agreement with Pacific Office Interiors for the purchase and installation of the furnishings for the recently remodeled and expanded Lazy Creek Recreation Center. The procurement was established through a Request for Proposal (RFP) process by reaching out to approved vendors on the California Multiple Award Schedules (CMAS). These vendors offer a wide variety of products and services at prices that have been assessed to be fair, reasonable, and competitive. The City’s municipal code, Section 3.12.070 (6) authorizes the purchase of supplies procured through a cooperative purchasing program with the federal, state, county, or other public agencies, such as the CMAS. By using CMAS vendors, the city was able to leverage the procurement efforts already completed by the state of California, and benefit from negotiated governmental pricing. After thorough review of proposals received, Pacific Office Interiors was recommended as the selected vendor and an agreement and purchase order were issued.

As of June 30, 2022, the agreement with Pacific Office Interiors has expired. Although almost all furniture was delivered, assembled, and received in good condition prior to this date, due to the current supply chain issues, a couple of items listed on the agreement are still pending and expected in early October. The amendment will extend the agreement through October 31, 2022, allowing additional time for the remaining items to arrive. Arrangements have been made with Pacific Office Interior to ensure that all pending deliveries will be completed prior to the proposed Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 1
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
Pacific Office Interiors Agreement Amendment
October 19, 2022

expiration date. It is important to note that the proposed amendment is only for agreement term extension and does not include any increases in contractor compensation.

Pursuant to Menifee Municipal Code Chapter 3.12.090, any time extension exceeding 60 days from the previously approved or original agreement deadline, whichever is the latest, shall be approved by the City Council. All other terms of the agreements shall remain the same.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no additional fiscal impact from the proposed Amendment No. 1. The original compensation amount remains the same, and only the term of services is extended. Remaining costs are encumbered within fiscal year 2022/2023 under the previously issued Purchase Order 03649. No additional budget appropriation action is required.

ATTACHMENTS

1. Amendment No. 1

2. Original Agreement
Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 2
Menifee Mayor and City Council October 19, 2022

AMENDMENT NO. 1 TO

CONTRACTOR AGREEMENT
CIP 19-16: LAZY CREEK RECREATION CENTER FURNITURE & INSTALLATION

SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain Contractor Agreement (“Agreement”) made on November 17, 2021 between the City of Menifee (“City”) and PACIFIC OFFICE INTERIORS (“Contractor”) for CIP 19-16: LAZY CREEK RECREATION CENTER FURNITURE & INSTALLATION SERVICES which this Amendment No. 1 is made and entered into on ______________, 2022 to modify the term as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.

2. Section 1.1, “Term of Services” is amended to read as follows:

1.1 Term of Services. The term of this Agreement shall begin on the November 17, 2021 and shall end on October 31, 2022 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the All other terms and conditions of the Agreement remain in full force and effect.

3. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 3
Menifee Mayor and City Council October 19, 2022

Non-Professional Services Amendment No. 1 with PACIFIC OFFICE INTERIORS

CITY OF MENIFEE PACIFIC OFFICE INTERIORS
_______________________________ _______________________________ Armando G. Villa, City Manager Free Taylor, President
Attest: ________________________________
Stacy Fowler, Controller
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 4
Menifee Mayor and City Council October 19, 2022

2859/031858-0001
12775493.1 a10/13/21

CITY OF MENIFEE

CONTRACTOR AGREEMENT
CIP 19-16: LAZY CREEK RECREATION CENTER FURNITURE & INSTALLATION

SERVICES
THIS CONTRACTOR AGREEMENT (“Agreement”) is made and
effective this _____ day of _______, 2021 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and PACIFIC OFFICE INTERIORS, a California S Corporation (“Contractor”). City and Contractor may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on November 17, 2021 and shall end on June 30, 2022 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the Services contemplated herein and, in light of such status and experience, Contractor shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder.

Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 5
Menifee Mayor and City Council October 19, 2022

2859/031858-0001
12775493.1 a10/13/21 -2-

1.5 Authorization to Perform Services. Contractor is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

1.6 Covid-19 Safety. If Contractor enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

SECTION 2. COMPENSATION.

City hereby agrees to pay Contractor a sum not to exceed ONE HUNDRED THIRTY THOUSAND DOLLARS AND ZERO CENTS DOLLARS ($130,000.00) notwithstanding any contrary indications that may be contained in Contractor’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement.

Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Contractor shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 6
Menifee Mayor and City Council October 19, 2022

2859/031858-0001
12775493.1 a10/13/21 -3-
g. The Contractor Representative’s signature
Invoices shall be submitted to:

City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.

2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.5 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.8 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility that may involve incurring any direct expense, Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 7
Menifee Mayor and City Council October 19, 2022

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including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement.

The cost of such insurance shall be included in Contractor’s compensation. Contractor shall not allow any subcontractor, consultant, or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.

4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance. a. Commercial General Liability. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than TWO MILLION DOLLARS ($2,000,000.00) per occurrence. If a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement.
b. Automobile Liability. Contractor, at its own cost and expense, shall maintain automobile liability insurance for the term of this Agreement covering any auto (Code Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 8
Menifee Mayor and City Council October 19, 2022

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1), or if Contractor has no owned autos, hired (Code 8), and non-owned autos (Code 9), with limit no less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles. c. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. d. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 DOES NOT APPLY TO CIP 19-16: LAZY CREEK RECREATION CENTER

FURNITURE & INSTALLATION SERVICES

4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind (CIP 19-16: LAZY CREEK RECREATION CENTER FURNITURE & INSTALLATION SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.

City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor..
c. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 9
Menifee Mayor and City Council October 19, 2022

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policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or selfinsured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.5 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:

Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 10
Menifee Mayor and City Council October 19, 2022

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a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

To the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.

The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. STATUS OF CONTRACTOR.

6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 11
Menifee Mayor and City Council October 19, 2022

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including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Contractor’s employee and subcontractors. It is understood that it is the responsibility of Contractor to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Contractor shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.

7.3 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

Contractor represents and warrants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 12
Menifee Mayor and City Council October 19, 2022

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SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor.

8.2 Termination by Contractor. Contractor may cancel this Agreement upon 30 days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement.

8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Contractor’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Contractor’s employ, Contractor shall notify City immediately.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.

8.8 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 13
Menifee Mayor and City Council October 19, 2022

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c. Retain a different Contractor to complete the Services described in Exhibit A; and/or
d. Charge Contractor the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Contractor hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Contractor. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.

9.2 DOES NOT APPLY TO STREET SWEEPING.

9.3 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.

Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 14
Menifee Mayor and City Council October 19, 2022

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litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Contractor Representative. All matters under this Agreement shall be handled for Contractor by Lindsay Anderson (“Contractor’s Representative”). The Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Bryce Howell, Parks/Landscape Maintenance Manager (“Contract Administrator”).

All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Contractor shall be sent to:

PACIFIC OFFICE INTERIORS
ATTN: Lindsay Anderson
5304 DERRY AVE. SUITE U
AGOURA HILLS, CA 91301
Any written notice to City shall be sent to the Contract Administrator at:

Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 15
Menifee Mayor and City Council October 19, 2022

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City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Bryce Howell, Parks/Landscape Maintenance Manager with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586

10.10 DOES NOT APPLY TO CIP 19-16: LAZY CREEK RECREATION CENTER

FURNITURE & INSTALLATION SERVICES

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

10.15 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 16
Menifee Mayor and City Council October 19, 2022

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10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

10.18 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 17
Menifee Mayor and City Council October 19, 2022

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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:

Sarah A. Manwaring, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONTRACTOR
Lindsay Anderson, Job Captain
Stacy Fowler, Controller
[Note: 2 officer’s signatures required if
Contractor is a corporation]
Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 18
Menifee Mayor and City Council October 19, 2022

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12775493.1 a10/13/21 EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Contractor shall provide Furniture and Installation Services for CIP 19-16: Lazy Creek Recreation Center in the amount not to exceed ONE HUNDRED THIRTY THOUSAND DOLLARS AND ZERO CENTS DOLLARS ($130,000.00) as further detailed in the following page(s).

Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 19
Menifee Mayor and City Council October 19, 2022

2859/031858-0001
12775493.1 a10/13/21 EXHIBIT A.

Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 20
Menifee Mayor and City Council October 19, 2022

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Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 21
Menifee Mayor and City Council October 19, 2022

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Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 22
Menifee Mayor and City Council October 19, 2022

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Delivery and installation costs not reflected in itemized quote above, included in overall contract amount.

Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 23
Menifee Mayor and City Council October 19, 2022

RESOLUTION NO. 21-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2021/22 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2021/22 with Resolution No. 21-1033 on June 2nd , 2021; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2021/22 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

Quimby Fund 620 Adopted FY 2021/22 Revenue Budget: $42,000

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL: $0
Amended Quimby Fund 620 Fund FY 2021/22 Revenue Budget: $42,000 Quimby Fund 620 Adopted FY 2021/22 Expenditure Budget: $50,000

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 6, 2021 FY20/21 Budget CarryOvers620-xxxx-xxxxx $295,885.79 November 3, 2021 CIP 17-01: Evans Park
Design (Pump Track)
620-4555-58052 $56,138
November 17, 20211 CIP 19-16: Lazy Creek
Recreation Center
(Furniture)
620-4555-58082 $30,000
TOTAL: $382,023.79
Amended Quimby Fund 620 FY 2021/22 Expenditure Budget: $432,023.79 Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 24
Menifee Mayor and City Council October 19, 2022

Amending the Fiscal Year 2021/22 Quimby Fund 620 Budget Lazy Creek Recreation Center Furniture
2 3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: 0

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the Quimby Fund 620 for the City of Menifee for fiscal year 2021/22 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Quimby Fund 620 FY 2021/22 Budget $40,000
Expenditures:

CIP 19-16: Lazy Creek Recreation Center (Furniture) $30,000

Amended Quimby Fund 620 FY 2021/22 Budget $432,023.79
PASSED, APPROVED AND ADOPTED this 17th day of November 2021. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.15
Agreement Amendment with Pacific Office Interiors to Extend the Term of Service for Lazy Creek Recreation Furniture Delivery
Item Page Number: 25
Menifee Mayor and City Council October 19, 2022

CITY OF MENIFEE
SUBJECT: Termination of Agreement with Roadway Engineering and Construction Corporation for Construction Services for the Normandy Road Pedestrian Improvement Project
MEETING DATE: October 19, 2022
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION

1. Approve and authorize the City Manager to terminate an owner contractor agreement with Roadway Engineering & Construction Corporation for the Normandy Road Pedestrian Improvement Project, Capital Improvement Project No. 22-08.

DISCUSSION
The Normandy Road Pedestrian Project (“Project”) proposes the construction of an approximately 1,400 foot long, eight foot wide, asphalt pedestrian trail along the north side of the existing Normandy Road across the Salt Creek Channel. The new pedestrian trail is intended to serve as a connection for the existing sidewalks on both sides of the channel, ultimately providing connectivity between the existing Salt Creek Trail, local parks, and nearby schools. The Project would also provide construction of a head wall, minor drainage improvements and updated signing and striping to separate the pedestrian path and vehicle lanes. The Project is located west of Murrieta Road and north of Newport Road as depicted in the attached Project Location Map.

Earlier this year, staff administered a competitive bid process, and the project was legally advertised in accordance with the California Public Contract Code. An electronic bid opening was held on May 18, 2022, and a total of four bids were received. On June 1, 2022, City Council awarded a bid and entered into an Owner Contractor Agreement with Roadway Engineering & Construction Corporation (“Contractor”) for construction of the Project in the amount of $445,499.

Prior to issuing a Notice to Proceed with construction, the City is required to perform a prebiological survey to ensure the Project site is cleared of endangered species within 30 days of construction. The City contracted with Kimley-Horn and Associates to assist in performing the survey work. Upon completing the survey, it was determined that the Project work may result in Item Title: 10.16
Termination of Agreement with Roadway Engineering and Construction Corporation for Construction Services for the Normandy Road Pedestrian Improvement Project
Item Page Number: 1
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
CIP 22-08 Agreement Termination
October 19, 2022

biological impacts. In order to proceed with construction, additional work in the form of project coordination and environmental permitting will be required by the City with the following agencies:
• U.S. Fish and Wildlife Services (USFWS)
• California Department of Fish (CDFW)
• Western Riverside County Regional Conservation Authority (RCA).

These agencies will require the following studies be performed and permits be obtained:
• Determination of Biologically Equivalent or Superior Preservation (DBESP) Study • Initial Study/ Mitigated Negative Declaration (IS/MND) Study • Permit 1600
• Permit 401
These studies and permits are anticipated to take six to nine months to complete. Staff has discussed the project circumstances and their timing impacts with the Contractor. Due to the continual fluctuation in construction costs and materials, the Contractor is unable to commit to hold current bid pricing for the timeline needed to complete the environmental requirements. Staff has secured a consultant to begin the environmental work, however, termination of the existing construction agreement is necessary to be able to move forward with re-bidding the project once all environmental clearances have been obtained.

Upon completion of the re-bidding process, staff would provide a new recommendation for construction award to be considered by Council at a future meeting. Given the unforeseen changes to the Project timeline, staff anticipates the following tentative schedule for construction of the Project:

Anticipated Construction Start: May 2023
Estimated Construction Completion: July 2023
Estimated Council Acceptance: August 2023
Upon Council approval of the agreement termination, staff would prepare a written notice of agreement termination to be executed by the City Manager. It is important to note that the Contractor was not issued a Notice to Proceed (“NTP”) by the City, and therefore has not incurred any costs that would be reimbursable by the City under the agreement. Any project bonds obtained and submitted to the City would immediately be returned to the Contractor upon termination of the agreement.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

Item Title: 10.16
Termination of Agreement with Roadway Engineering and Construction Corporation for Construction Services for the Normandy Road Pedestrian Improvement Project
Item Page Number: 2
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
CIP 22-08 Agreement Termination
October 19, 2022

ATTACHMENTS

1. Project Location Map

2. Agreement
Item Title: 10.16
Termination of Agreement with Roadway Engineering and Construction Corporation for Construction Services for the Normandy Road Pedestrian Improvement Project
Item Page Number: 3
Menifee Mayor and City Council October 19, 2022

Rocking Horse Ct
Sergeant Kelly Dr
Stoney Ln
Showdown Ct
Renegade Ct
Sunnydale
Cir
Desperado Ct
Lone Acres Rd
Hitch Rail Ln
Newport Rd
Morning Bree ze Dr
Twyman Way
Shady Creek Cir
Stepping Stone Cir
Stage Coach Rd
Red Fern Cir
Rio Bravo Ct
Cool
Meadow
Dr
Normandy Rd

LAKE ELSINORE
CANYON
LAKE
Holland Rd
Normandy Rd
M
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r
rieta
R
d
Newport Rd
Goetz Rd
Railroad
Canyon Rd
Project Site
0 0.04 0.09
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\Normandy_Road_Ped_Improvements\Normandy_Road_Ped_Improvements.aprx Date: 5/27/2022 Normandy Road Pedestrian Improvements (CIP 22-08)
Project Location Map
Item Title: 10.16
Termination of Agreement with Roadway Engineering and Construction Corporation for Construction Services for the Normandy Road Pedestrian Improvement Project
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CITY OF MENIFEE BID AND CONTRACT DOCUMENTS

OWNER-CONTRACTOR AGREEMENT
CIP 22-08: NORMANDY ROAD PEDESTRIAN IMPROVEMENTS PROJECT This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and ROADWAY ENGINEERING & CONSTRUCTION CORP. (“Contractor”), whose principal business address is 10966 Banana Ave, Fontana, CA 92337 on the ________ day of ______________, 20_______.

In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good worker-like and substantial manner and to the satisfaction of the Agency, in connection with the CIP 22-08: NORMANDY ROAD PEDESTRIAN IMPROVEMENTS PROJECT to be constructed at the in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued.

Any revisions to the scope of Work for which Agency’s consent has not been issued shall be null and void.

2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE
Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents.

The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed.

DocuSign Envelope ID: 143CB623-2464-4DCC-824A-122BBE2F6117 DocuSign Envelope ID: 10D9C66B-220C-4068-8E5E-D2E1544E8CD4 June
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4. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.

5. COVID-19 SAFETY
If Contractor or subcontractor(s) enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

6. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.]

7. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person’s compensation, terms, conditions or privileges of employment because of such person’s race, religious status, sex or age.

8. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.

9. WORKERS’ COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the DocuSign Envelope ID: 143CB623-2464-4DCC-824A-122BBE2F6117 DocuSign Envelope ID: 10D9C66B-220C-4068-8E5E-D2E1544E8CD4 Item Title: 10.16
Termination of Agreement with Roadway Engineering and Construction Corporation for Construction Services for the Normandy Road Pedestrian Improvement Project
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provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”

10. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

11. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested.

12. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services.

13. LICENSES AND PERMITS
Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.

14. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch

15. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

16. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties DocuSign Envelope ID: 143CB623-2464-4DCC-824A-122BBE2F6117 DocuSign Envelope ID: 10D9C66B-220C-4068-8E5E-D2E1544E8CD4 Item Title: 10.16
Termination of Agreement with Roadway Engineering and Construction Corporation for Construction Services for the Normandy Road Pedestrian Improvement Project
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where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 15, above:
(Initial) (Initial)

17. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

AGENCY:

City of Menifee
By:

Armando G. Villa, City Manager
CONTRACTOR:

Roadway Engineering & Construction Corp.

By:

Name: Eric Alvarez, President______
Its:

APPROVED AS TO FORM:

By:

Jeffrey T. Melching, City Attorney
By:

Name: Eric Alvarez, Secretary
Its:

ATTEST:

By:

Stephanie Roseen, Acting City Clerk
044573
Contractor’s City Business License No.
1073145
State Contractor License No. & Class
10966 Banana Ave.

Street Address
Fontana, CA92337
City, State, Zip Code
DocuSign Envelope ID: 143CB623-2464-4DCC-824A-122BBE2F6117 DocuSign Envelope ID: 10D9C66B-220C-4068-8E5E-D2E1544E8CD4 Item Title: 10.16
Termination of Agreement with Roadway Engineering and Construction Corporation for Construction Services for the Normandy Road Pedestrian Improvement Project
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[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]
DocuSign Envelope ID: 143CB623-2464-4DCC-824A-122BBE2F6117 DocuSign Envelope ID: 10D9C66B-220C-4068-8E5E-D2E1544E8CD4 Item Title: 10.16
Termination of Agreement with Roadway Engineering and Construction Corporation for Construction Services for the Normandy Road Pedestrian Improvement Project
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EXHIBIT A

CONTRACT DOCUMENTS
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards DocuSign Envelope ID: 143CB623-2464-4DCC-824A-122BBE2F6117 DocuSign Envelope ID: 10D9C66B-220C-4068-8E5E-D2E1544E8CD4 Item Title: 10.16
Termination of Agreement with Roadway Engineering and Construction Corporation for Construction Services for the Normandy Road Pedestrian Improvement Project
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EXHIBIT B

CONTRACT PRICE
Four Hundred Forty Five Thousand Four Hundred Ninety Nine Dollars and Zero Cents ($445,499.00)
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.

DocuSign Envelope ID: 143CB623-2464-4DCC-824A-122BBE2F6117 DocuSign Envelope ID: 10D9C66B-220C-4068-8E5E-D2E1544E8CD4 Item Title: 10.16
Termination of Agreement with Roadway Engineering and Construction Corporation for Construction Services for the Normandy Road Pedestrian Improvement Project
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DocuSign Envelope ID: 143CB623-2464-4DCC-824A-122BBE2F6117 DocuSign Envelope ID: 10D9C66B-220C-4068-8E5E-D2E1544E8CD4 Item Title: 10.16
Termination of Agreement with Roadway Engineering and Construction Corporation for Construction Services for the Normandy Road Pedestrian Improvement Project
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DocuSign Envelope ID: 143CB623-2464-4DCC-824A-122BBE2F6117 DocuSign Envelope ID: 10D9C66B-220C-4068-8E5E-D2E1544E8CD4 Item Title: 10.16
Termination of Agreement with Roadway Engineering and Construction Corporation for Construction Services for the Normandy Road Pedestrian Improvement Project
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DocuSign Envelope ID: 143CB623-2464-4DCC-824A-122BBE2F6117 DocuSign Envelope ID: 10D9C66B-220C-4068-8E5E-D2E1544E8CD4 Item Title: 10.16
Termination of Agreement with Roadway Engineering and Construction Corporation for Construction Services for the Normandy Road Pedestrian Improvement Project
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DocuSign Envelope ID: 143CB623-2464-4DCC-824A-122BBE2F6117 DocuSign Envelope ID: 10D9C66B-220C-4068-8E5E-D2E1544E8CD4 Item Title: 10.16
Termination of Agreement with Roadway Engineering and Construction Corporation for Construction Services for the Normandy Road Pedestrian Improvement Project
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DocuSign Envelope ID: 143CB623-2464-4DCC-824A-122BBE2F6117 DocuSign Envelope ID: 10D9C66B-220C-4068-8E5E-D2E1544E8CD4 Item Title: 10.16
Termination of Agreement with Roadway Engineering and Construction Corporation for Construction Services for the Normandy Road Pedestrian Improvement Project
Item Page Number: 16
Menifee Mayor and City Council October 19, 2022

CITY OF MENIFEE
SUBJECT: Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
MEETING DATE: October 19, 2022
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Amendment No. 1 to professional services agreement with Kimley-Horn to provide Phase II environmental studies for the Normandy Road Pedestrian Improvement Project, CIP 22-08, increasing the agreement by $32,600 for a total agreement not-to-exceed amount of $ 56,300.

DISCUSSION
The Normandy Road Pedestrian Project (“Project”) was previously identified as a priority project by the City Council in the current Five Year Capital Improvement Program (CIP). The Project proposes the construction of an 8’ wide asphalt pedestrian trail along the north side unpaved shoulder of Normandy Road, across the Salt Creek Channel, to serve as a connection for the existing sidewalks on both sides of the channel. The Project would also provide construction of a storm drain headwall, minor drainage improvements, and provide necessary signing and striping to separate pedestrian and vehicle travel paths. The Project is located west of Murrieta Road and north of Newport Road.

During the design phase of this project staff initially concluded that all proposed improvements were exempt from California Environmental Quality Act (CEQA) as the project site appeared to meet the definition for exemption. This conclusion was based on the fact that the proposed work consists of minor improvements to an existing and previously disturbed facility as described in California Code of Regulations, Title 14, Section 15301(c) below:
• Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety, and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
CIP 22-08 Agreement Amendment – Kimley Horn
October 19, 2022

as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes).

The project was expected to begin construction following the completion of a required prebiological survey to ensure the project site was cleared of endangered species within 30 days before start of construction. To aid in this task, the City contracted the services of the Kimley-Horn environmental team. Upon completing the survey, Kimley-Horn determined that a portion of the work would, in fact, encroach into state and federal managed jurisdictional areas by approximately 500 square feet. This would result in minor biological impacts which would require additional survey, mapping, reports, and permits from the jurisdictional agencies for the Project to move forward into the construction phase.

In order to begin environmental assessment tasks for the Project as quickly as possible, staff established a Phase I scope of environmental study services and subsequently entered into a professional services agreement with Kimley-Horn to initiate environmental study services for the Project. Kimley-Horn was selected from the previously approved short list of on-call engineering firms for the CIP Division and a professional services agreement, in the amount of $23,700, was processed administratively under the City Manager’s signatory authority.

The proposed amendment incorporates a second phase of tasks into the agreement scope and would increase the original agreement by $ 32,600, for a total agreement not-to-exceed amount of $56,300. The Phase II tasks, detailed in the attached amendment, are necessary to fully complete the required environmental studies and obtain required environmental permits for the Project. Phase II tasks include:
• Task 1 – Prepare Project Description for CEQA
• Task 2 – Prepare Administrative Draft Initial Study/Mitigated Negative Declaration (IS/MND)
• Task 3 – Distribute Draft IS/MND
• Task 4 – Prepare Final IS/MND
• Task 5 – Project Management/Meetings
• Task 6 – Pre-Construction Burrowing Owl and Nesting Bird Clearance It is important to note that these environmental studies and permits are required for the Project under the CEQA. Council action is required for approval of the amendment as the new total amount of the agreement is above the City Manager’s signing authority.

STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government

FISCAL IMPACT
Funding for the proposed amendment in the amount of $32,600 is available from existing fiscal year 2022-23 Project budgets in Measure “A” Fund account no. 220-4555-58125. No additional budget appropriation action is required.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
CIP 22-08 Agreement Amendment – Kimley Horn
October 19, 2022

ATTACHMENTS

1. Amendment No.1

2. Original Agreement
Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

AMENDMENT NO. CIP 22-08 TO

PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL SERVICES FOR CIP 22-08 NORMANDY ROAD IMPROVEMENTS This is Amendment No. CIP 22-08 (“Amendment No. CIP 22-08”) to that certain Professional Services Agreement (“Agreement”) made on between the City of Menifee (“City”) and Kimley-Horn and Associates, Inc. (“Consultant”) for PROFESSIONAL SERVICES FOR CIP 22-08 NORMANDY ROAD IMPROVEMENTS which this Amendment No. CIP 22-08 is made and entered into on ______________, 2022 to increase the scope of work and compensation amount as indicated below:

1. Capitalized terms used but not defined in this Amendment No. CIP 22-08 shall have the meanings ascribed to them in the Agreement.

2. SECTION 2, “Compensation” is amended to increase the maximum compensation by $32,600.00 (THIRTY TWO THOUSAND SIX HUNDRED AND ZERO CENTS), and is amended to read as follows:

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed $56,300.00 (FIFTY SIX THOUSAND THREE HUNDRED DOLLARS AND ZERO CENTS) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

3. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:

EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide N/A in the amount not to exceed $32,600.00 (THIRTY TWO THOUSAND SIX HUNDRED AND ZERO CENTS) as further detailed in the following page(s).

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

Professional Services Amendment No. CIP 22-08 with Kimley-Horn and Associates, Inc.

4. All other terms and conditions of the Agreement remain in full force and effect.

5. This Amendment No. CIP 22-08 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

Professional Services Amendment No. CIP 22-08 with Kimley-Horn and Associates, Inc.

CITY OF MENIFEE Kimley-Horn and Associates, Inc.
_______________________________ _______________________________ Armando G. Villa, City Manager Dennis Landaal, Senior Vice President, PE #50270
Attest: ________________________________
Leo Espelet, Assistant Secretary, PE
#71532
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

EXHIBIT A
SUPPLEMENT TO SCOPE OF SERVICES (AMENDMENT NO. 1)
Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

Professional Services Amendment No. 1 with Kimley-Horn and Associates, Inc.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

Professional Services Amendment No. 1 with Kimley-Horn and Associates, Inc.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

Professional Services Amendment No. 1 with Kimley-Horn and Associates, Inc.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

Professional Services Amendment No. 1 with Kimley-Horn and Associates, Inc.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

Professional Services Amendment No. 1 with Kimley-Horn and Associates, Inc.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

Professional Services Amendment No. 1 with Kimley-Horn and Associates, Inc.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL SERVICES FOR CIP 22-08 NORMANDY ROAD IMPROVEMENTS THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and Kimley-Horn and Associates, Inc., a North Carolina Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on September 26, 2022 and shall end on June 30, 2023 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

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1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed TWENTY THREE THOUSAND SEVEN HUNDRED DOLLARS AND ZERO CENTS ($23,700.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.

Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

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City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

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limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.

The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

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b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

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d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference:

PROFESSIONAL SERVICES FOR CIP 22-08 NORMANDY ROAD IMPROVEMENTS.

The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or selfItem Title: 10.17 Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

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insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022